R  355.9747  N565   v.l 


STATE  OF  NEW  YORK 


MESSAGES  FROM  THE  GOVERNORS 


COMPRISING 


Executive    Communications    to    the    Legislature    and    Other 

Papers  Relating  to  Legislation  from  the  Organization 

of  the  First  Colonial  Assembly  in    J  68  3   to 

and  Including  the  Year   J906 

WITH  NOTES 


EDITED  BY  CHARLES  Z.  LINCOLN 

PUBLISHED  BY  AUTHORITY  OF  THE  STATE 


VOLUME    I 

J683-  1776 
COLONIAL  PERIOD 


ALBANY 

J.  B.  LYON  COMPANY.  STATE  PRINTERS 
1909 


Entered,  according  to  Act  of  Congress,  in  the  year  nineteen  hundred  and  nine, 
BY  SAMUEL  S.  KOENIG,  SECRETARY  OF  THE  STATE  or  NEW  YORK, 

In  trust  for  the  benefit  of  the  People  of  the  said  State,  in  the  office  of  the  Librarian 
of  Congress,  at  Washington,  D.  C. 


EDITOR'S  PREFACE. 
178151 
MAR    U  1910 

The  project  of  ,an  annotated  edition  of  messages  from  the 
governors  and  other  kindred  papers  relating  to  legislation 
was  initiated  by  chapter  700  of  the  Laws  of  1905,  which  con- 
tained a  paragraph  authorizing  the  Governor  to  provide : 

"  For  compiling  and  preparing  for  publication  an  anno- 
tated edition  of  communications  by  the  governor  to  the 
legislature  from  the  organization  of  the  colonial  assembly  in 
sixteen  hundred  eighty-three,  to  and  including  the  year 
nineteen  hundred  four.  Such  compilation  shall  include  all 
executive  communications  at  the  opening  of  each  regular 
and  extraordinary  session  of  the  legislature,  and  also 
special  messages,  either  in  full  or  by  abstracts,  with  brief 
notes  showing  statutory  or  constitutional  provisions  relat- 
ing to  subjects  contained  in  such  communications  or  mes- 
sages, and  also  such  other  notes  as  the  governor  may  deem 
proper.  The  compilation  shall  be  prepared  under  the  direc- 
tion of  the  governor,  who  may  appoint  an  editor  of  the 
governors'  messages,  fix  his  compensation,  and  make  other 
provision  for  carrying  on  the  work.  The  annotated  edition 
of  the  messages,  when  completed,  shall  be  delivered  to  the 
state  printer  for  publication,  subject  to  the  order  of  the 
legislature  as  to  type,*  style  of  binding,  number  of  copies 
and  the  distribution  or  other  disposition  thereof.  The  copy- 
right of  the  notes,  abstracts  and  other  parts  of  the  publica- 
tion, except  copies  of  executive  communications  or  mes- 
sages contained  therein,  shall  be  taken  by  and  vested  in  the 
secretary  of  state,  for  the  benefit  of  the  people  of  the  state, 
and  the  state  shall  own  the  compilation,  and  the  plates  from 
which  it  may  be  printed.  Payments  from  the  sum  hereby 
appropriated  shall  be  made  on  the  order  of  the  governor 
and  the  warrant  of  the  comptroller." 

On  the  18th  of  July,  1905,  Governor  Higgins  appointed 
Charles  Z.  Lincoln,  editor  of  the  Governors'  Messages.  By 
subsequent  statutes,  1906,  chapter  686,  1907,  chapter  578, 
1908,  chapter  466,  and  1909,  chapter  433,  provision  was 
made  for  continuing  the  work,  including  the  preparation 

*  In  1906,  chap.  686,  the  power  to  prescribe  the  kind  or  kinds  of  type  was 
vested  in  the  governor. 

[iii] 


iv  EDITOR'S  PREFACE. 

of  suitable  tables  and  indexes.  By  the  act  of  1908,  chapter 
466,  the  compilation  was  continued  so  as  to  include  the  ad- 
ministration of  Governor  Higgins  (1905-1906).  The  same 
act  made  provision  for  the  publication  and  distribution  of 
2,000  sets  of  the  annotated  edition  of  the  messages,  in 
eleven  volumes,  as  follows: 

' '  One  set  to  each  of  the  following  officers  and  persons,  the 
governor  and  lieutenant-governor,  the  surviving  ex-gov- 
ernors and  lieutenant-governors,  the  members  of  the  legis- 
lature of  nineteen  hundred  and  eight,  the  senators  and 
representatives  from  this  state  in  the  congress  of  the  United 
States,  the  elective  state  officers;  one  set  to  each  judge  of 
the  court  of  appeals,  each  justice  of  the  supreme  court,  each 
judge  of  the  court  of  claims,  each  county  judge  and  each 
separate  surrogate;  to  the  executive  chamber  two  sets,  to 
the  state  library  five  sets,  and  to  the  senate  and  assembly 
libraries  two  sets  each ;  one  set  to  each  library  of  the  court 
of  appeals,  each  judicial  district  library,  each  appellate  di- 
vision and  supreme  court  library,  each  other  public  law 
library,  and  each  county  law  library  on  the  request  of  the 
county  judge  of  the  county  in  which  such  library  is  situated ; 
one  set  to  the  library  of  each  incorporated  university,  col- 
lege or  normal  school,  and  one  set  to  each  high  school 
library.  Any  sets  of  such  annotated  edition  remaining 
after  the  foregoing  distribution  shall  be  reserved  by  the 
director  of  the  state  library  for  miscellaneous  distribution 
or  exchange,  according  to  rules  to  be  prescribed  by  him. ' ' 

PLAN  OP  THE  WORK. 

The  editor  was  given  a  substantially  free  hand  in  the 
performance  of  the  task  committed  to  him,  and  he  has  tried 
to  keep  constantly  in  mind  the  primary  object  of  the  plan, 
namely,  to  prepare  an  edition  of  the  messages  which  would 
present  in  a  logical  and  orderly  manner  the  course  and  de- 
velopment of  our  legislative  history  from  ithe  standpoint  of 
the  executive  office. 

The  project  included  a  compilation  of  executive  communi- 
cations to  the  Legislature,  with  suitable  notes  showing 
action  by  the  Legislature  or  by  the  people  with  reference  to 
executive  recommendations  and  suggestions,  and  the  re- 


J 

EDITOR'S  PEEFACE.  v 

suiting  influence  exercised  by  the  executive  department  in 
shaping  the  policies  of  the  State.  To  a  large  degree  these 
results  are  manifest  from  an  examination  of  (the  messages 
here  presented  in  chronological  order,  but  often  the  results 
of  executive  suggestions  do  not  thus  appear,  and  for  the 
elucidation  of  the  subject,  the  editor  has  added  notes  show- 
ing legislation  enacted  in  direct  or  substantial  compliance 
with  the  suggestions  made  by  the  Governors  as  set  forth  in 
their  messages.  Footnotes  have  usually  been  used  for  this 
purpose,  but  in  many  instances  the  subject  demanded  a 
more  extended  consideration  than  could  well  be  given  in  a 
footnote.  In  these  cases  the  notes  have  been  placed  at  the 
end  of  a  given  year  with  appropriate  references  intended  to 
aid  the  reader  in  examining  a  particular  topic. 

The  act  required  messages  transmitted  to  the  Legislature 
at  the  opening  of  regular  or  extraordinary  sessions  to  be 
published  in  full,  but  authorized  abstracts  of  other  mes- 
sages. The  messages  required  to  be  published  in  full  have 
been  so  published,  and  for  the  most  part  special  messages 
and  vetoes  are  given  in  full.  In  the  earlier  years  there  were 
some  instances  where  an  abstract  or  a  condensed  statement 
of  a  special  message  could  be  profitably  used,  and  in  these 
instances  the  editor  has  availed  himself  of  the  liberty 
granted  by  the  statute  to  present  the  substance  instead  of 
the  full  text.  It  is  believed  that  the  usefulness  of  the  work 
has  not  been  impaired  by  this  method  of  treatment.  The 
full  text  of  any  messages  thus  condensed  or  abridged  is 
available  to  every  reader,  and  they  may  be  consulted  if 
more  information  is  desired.  The  editor  believes  the  pro- 
priety of  these  condensed  statements  will  be  manifest  on 
mere  inspection.  They  are  not  numerous,  and  quite  often 
relate  to  cases  including  a  repetition  of  facts  or  arguments 
contained  in  a  former  message  on  the  same  subject. 

Until  a  comparatively  recent  period  there  was  no  col- 
lected edition  of  public  papers  of  the  Governors  available 
for  a  work  of  this  kind,  and  it  became  necessary  to  examine 


vi  EDITOE'S  PREFACE. 

the  journals  of  the  Senate  and  Assembly,  and  often  also 
the  documents,  for  the  purpose  of  discovering  messages 
and  papers  relating  to  legislation,  all  of  which  had  to  be 
copied  for  use  in  this  work. 

The  plan  included  the  colonial  Legislature  beginning 
nominally  with  the  first  colonial  Assembly  in  1G83,  but 
practically  with  the  work  of  the  revived  Assembly  of  1691, 
for  the  reason  that  the  records  of  earlier  sessions  of  the 
Assembly  have  been  lost.  Beginning  with  the  Assembly  of 
1G92,  practically  all  executive  communications  have  been 
available  for  this  work,  either  from  the  printed  journals  of 
the  Legislature,  or  from  the  manuscript  records  in  the  State 
Library. 

In  addition  to  these  official  sources  of  information,  the 
editor  has  consulted  various  histories,  biographies,  peri- 
odicals, manuscripts  and  other  unofficial  publications  for 
the  purpose  of  making  the  work  as  accurate  as  possible,  and 
presenting  a  series  of  notes  that  would  be  of  real  service 
to  the  student. 

This  edition  of  the  messages  includes  the  legislative 
history  of  the  colony  and  State  from  1683  to  1906,  both  in- 
clusive, covering  a  period  of  224  years.  The  first  Assembly 
elected  in  1683,  and  known  as  the  Dongan  Assembly,  held 
sessions  in  October  of  that  year,  and  also  in  1684,  1685  and 
1686.  It  was  prorogued  to  March  25,  1687,  but  in  January 
of  the  same  year  the  Assembly  was  discontinued  in  con- 
sequence of  the  powers  vested  in  Governor  Dongan  by  a 
new  commission  issued  to  him  June  10,  1686,  but  which  was 
not  received  in  New  York  until  after  the  Assembly  had  been 
prorogued  to  the  following  March.  See  Volume  I,  page  13. 

From  this  time  until  the  Assembly  was  revived  and  re- 
established under  Governor  Sloughter  in  the  spring  of 
1691,  there  was  no  Assembly  in  New  York  authorized  by  the 
Crown.  The  Assembly  called  by  Jacob  Leisler  held  two 
sessions  in  1690,  and  enacted  laws  which  are  included  in 
the  colonial  records.  Henry  Sloughter  was  appointed 


I 

EDITOR'S  PREFACE.  vii 

Governor  several  months  before  the  Leisler  Assembly  was 
called,  but  had  not  yet  arrived  in  the  colony. 

Beginning  with  the  new  Assembly  of  1691,  the  legislative 
history  of  the  colony  continued  without  interruption,  ex- 
cept during  brief  intervals  between  the  dissolution  of  an 
Assembly  and  the  organization  of  its  successor,  until  the 
3d  of  April,  1775,  on  which  day  the  colonial  Assembly  held 
its  last  session.  It  was  prorogued  several  times  after  that 
date,  but  never  met  again.  See  Volume  I,  page  765.  The 
first  State  Legislature  was  organized  September  10,  1777. 

The  similarity  in  the  form  of  government  during  the 
colonial  period  with  that  established  under  the  State  Con- 
stitution makes  the  executive  and  legislative  history  set 
forth  in  these  volumes  substantially  a  unit  from  the  be- 
ginning to  the  end  without  serious  interruption  by  the 
change  from  a  colonial  to  a  State  form  of  government.  The 
relation  of  the  Governor  to  the  Legislature  and  the  manner 
in  which  this  relation  was  expressed  during  the  colonial 
period  was  not  seriously  modified  by  the  erection  of  an  in- 
dependent State  government,  and  the  reader  may  peruse  the 
first  opening  speech  of  Governor  Sloughter  in  the  early 
colonial  days  and  the  last  message  of  Governor  Higgins  in 
1906,  without  discovering  any  substantial  difference  ex- 
cept in  matters  of  detail  or  as  to  subjects  considered.  This 
situation  is  naturally  incident  to  a  parliamentary  form  of 
government,  and  particularly  such  a  government  ad- 
ministered by  people  using  ths  same  language  with  the 
same  history  and  traditions,  and  with  the  same  general 
political  and  national  ideals. 

Many  parts  of  these  volumes  might  profitably  be  read  by 
course,  but  they  will  doubtless  be  chiefly  used  for  purposes 
of  reference  in  the  study  of  particular  topics. 

The  preparation  of  this  edition  has  not  been  a  light  task. 
The  editor  has  fully  appreciated  the  responsibility  devolved 
on  him  by  his  appointment,  and  has  spent  four  years  in  the 
discovery,  compilation  and  preparation  of  messages,  and  in 
making  the  accompanying  notes,  and  he  sincerely  hopes  that 


viii  EDITOR'S  PKEFACE. 

the  value  and  usefulness  of  the  work  will  fully  justify  the 
labor  bestowed  upon  it  by  him  and  the  expenditure  made  by 
the  State. 

GUBERNATORIAL  SERVICE. 

The  colonial  Governors  were  appointed  by  the  Crown  and 
held  office  during  its  pleasure.  Usually  several  months 
elapsed  after  an  appointment  before  the  Governor  arrived 
in  the  colony  to  assume  the  duties  of  his  office,  and  in  a  few 
instances  the  arrival  of  the  Governor  was  delayed  more 
than  a  year.  The  Governor  in  office  in  the  colony  continued 
to  perform  executive  duties  until  his  successor  arrived  and 
had  taken  the  oath  of  office. 

It  was  customary  for  the  Governor,  as  a  part  of  the  cere- 
mony of  induction  into  office,  to  take  the  oath,  read  his 
commission,  issue  a  proclamation  announcing  his  accession, 
and  receive  the  seals  of  office  from  his  predecessor.  These 
instances  are  more  or  less  fully  noted  in  the  following  pages 
as  changes  occurred  from  time  to  time  in  the  official  head  of 
the  colony. 

In  case  of  a  vacancy  in  the  office  of  Governor,  which  some- 
times occurred  by  death  or  absence  from  the  colony,  the  suc- 
cession was  provided  for  in  the  first  instance  by  devolving 
the  office  upon  the  Lieutenant-Governor,  and  if  there  was  no 
Lieutenant-Go vernor,  the  executive  powers,  in  the  earlier 
years,  became  vested  in  the  Governor's  council.  But  it 
should  be  noted  that  following  the  death  of  Governor 
Sloughter  in  July,  1691,  Major  Richard  Ingoldesby,  who 
held  a  commission  as  commander-in-chief,  was  declared  by 
the  council  to  be  the  highest  executive  officer  in  the  colony 
and  was  thereupon  invested  with  executive  authority,  which 
he  continued  to  exercise  until  August,  1692.  In  1708  the 
rule  authorizing  the  Governor's  council  to  exercise  execu- 
tive duties  in  case  of  a  vacancy  in  the  office  of  Governor  or 
Lieutenant-Governor  was  changed,  and  thereafter  during 
the  remainder  of  the  colonial  period  the  eldest  councillor  in 
case  of  such  a  vacancy  became  acting  Governor.  As  the 


I 

EDITOR'S  PBEFACE.  ix 

eldest  councillor  was  president  of  the  council,  the  rule  in 
practice  devolved  executive  duties  in  these  instances  upon 
the  president  of  the  council  as  such,  and  several  instances 
are  noted  in  the  colonial  period  when  executive  power  be- 
came temporarily  vested  in  the  president  of  the  council. 

The  circumstance  will  not  be  overlooked  that  the  relation 
of  the  president  of  the  council  to  the  executive  office  was 
quite  similar  to  that  held  under  the  Constitution  by  the 
temporary  president  of  the  Senate,  who  in  case  the  offices 
of  Governor  .and  Lieutenant-Governor  are  both  vacant  be- 
comes vested  with  executive  authority.  It  is  a  well-known 
fact  in  our  constitutional  history  that  the  Senate  is  the  suc- 
cessor of  the  Governor's  council  as  constituted  during  the 
colonial  period. 

The  gubernatorial  succession  during  the  colonial  period, 
either  by  the  regular  accession  of  Governors  appointed  by 
the  Crown  or  by  the  exercise  of  temporary  authority  by  sub- 
ordinate officers  is  noted  from  time  to  time  in  the  first 
volume  of  this  work,  but  for  convenience  of  reference  the 
names  and  terms  of  service  are  presented  in  the  following 
list  of 

COLONIAL  EXECUTIVES. 

1683,  August  —  1688,  April.     Thomas  Dongan,  Governor. 
1688,  August  —  October.     Sir  Edmund  Andros,  Governor. 

1688,  October  —  1689,  June.     Francis  Nicholson,  Lieutenant-Governor. 

1689,  June  — 1691,  March.     Jacob  Leisler,  Acting  Lieutenant-Governor. 
1691,  March  —  July.     Henry  Sloughter,  Governor. 

1691,  July  —  1692,  August.     Richard  Ingoldesby,  Oommander-in- Chief. 

1692,  August  —  1698,  April.     Benjamin  Fletcher,  Governor. 
1698,  April  — 1701,  March.     Earl  of  Pellomont,  Governor. 
1701,  March  —  May.     Governor's  Council. 

1701,  May — 1702,    May.     John    Nanfan,    Lieutenant-Governor. 

1702,  May  —  1708,  December.     Lord  Cornbury,  Governor. 

1708,  December  — 1709,  May.     Lord  Lovelace,  Governor. 

1709,  May  —  1710,  June.     Richard  Ingoldesby,  Lieutenant-Governor. 

1710,  June  — 1719,  July.     Robert  Hunter,  Governor. 

1719,  July  — 1720,  September.     Peter  Schuyler,  President  of  Council. 

1720,  September — 1728,  April.     William  Burnet,  Governor. 
1728,  April  —  1731,  July.    John  Montgomerie,  Governor. 

1731,  July — 1732,  March.    Rip  Van  Dam,  President  of  Council. 


x  EDITOR'S  PREFACE. 

1732,  August  —  1736,  March.     William  Cosby,  Governor. 

1736,  March  —  October.     George  Clarke,  President  of  Council. 

1736,  October — 1743,  September.     George  Clarke,  Lieutenant- Governor. 

1743,  September  — 1753,  October.     George  Clinton,  Governor. 

1753,  October  10  —  October  12.     Sir   Danvers   Osborn,  Governor. 

1753,  October  —  1755,  September.     James  De  Lancey,  Lieutenant-Governor. 

1755,  September  —  1757,  June.     Sir  Charles  Hardy,  Governor. 

1757,  June  —  1760,  July.     James   DeLancey,   Lieutenant-Governor. 

1760,  July  —  1761,  August.     Cadwallader  Golden,  President  of  Council. 

1761,  August  —  1761,  October.     Cadwallader  Golden,   Lieutenant-Governor. 
1761,  October  26  —  November  13.     Robert   Monckton,   Governor. 

1761,  November  —  1762,  June.     Cadwallader   Colden,  Lieutenant-Governor. 

1762,  June  —  1763,  June.     Robert  Monckton,  Governor. 

1763,  June  —  1765,  November.     Cadwallader   Colden,   Lieutenant-Governor. 
1765,  November  —  1769,  September.     Sir  Henry   Moore,  Governor. 

1769,  September — 1770,  October.     Cadwallader    Colden,    Lieutenant-Governor. 

1770,  October  —  1771,  July.     Earl  of  Dunmore,  Governor. 

1771,  July  —  1774,  April.     William  Tryon,  Governor. 

1774,  April  —  1775,  June.     Cadwallader  Golden,  Lieutenant-Governor. 

1775,  June  —  1780,  March.     William  Tryon,  Governor. 
1780,  March  — 1783,  April.     James  Robertson,  Governor.* 

CONSTITUTIONAL  PEEIOD. 

Under  the  first  Constitution  the  Governor's  official  term 
was  three  years,  but  the  Constitution  did  not  establish  an 
official  or  political  year,  and  did  not  fix  the  time  when  the 
term  of  office  of  the  Governor  should  begin.  The  first 
Governor,  George  Clinton,  took  the  oath  of  office  July  30, 
1777. 

The  general  election  law  of  1778  required  the  election  of 
the  Governor  and  Lieutenant-Governor  to  be  held  on  the 
last  Tuesday  of  April,  and  the  official  term  was  to  begin  on 
the  first  Monday  of  July  following  the  election.  In  1787 
the  date  was  changed  from  the  first  Monday  to  the  first  day 
of  July,  and  this  date,  July  1,  was  thereafter  the  beginning 
of  the  gubernatorial  term  during  the  existence  of  the  first 
Constitution.  This  was  superseded  in  1822  by  the  second 
Constitution,  under  which  the  Governor  was  to  be  elected  in 
November  and  take  office  on  the  first  day  of  January  fol- 
lowing his  election. 

*Andrefa  Elliot,  Lieutenant-Governor,  became  acting-governor,  April  17,  1783, 
on  the  departure  of  Governor  Robertson.  The  provisional  treaty  of  peace  had 
already  been  signed,  November  30,  1782,  and  little  remained  of  the  English 
colonial  system.  Mr.  Elliot  continued  as  the  nominal  head  of  the  royalist  gov- 
ernment until  the  British  evacuation  of  New  York,  November  25,  1783. 


I 

EDITOR'S  PKEFACE.  xi 

The  second  Constitution  fixed  the  Governor 's  term  at  two 
years,  and  this  rule  continued  until  1874,  when  the  term  was 
again  fixed  at  three  years.  The  first  election  under  the 
second  three-year  rule  was  in  1876.  The  term  was  again 
reduced  to  two  years  by  the  Constitution  of  1894,  which 
took  effect  January  1,  1895,  but  it  contained  a  provision 
that  the  two-year  rule  should  apply  to  the  Governor  and 
Lieutenant-Governor  elected  in  1894.  The  first  three-year 
rule  continued  in  existence  forty-five  years,  and  the  second 
three-year  rule  eighteen  years.  The  first  two-year  rule  was 
in  existence  fifty-four  years,  and  the  second  two-year  rule 
(so  far  as  it  relates  to  this  edition  of  the  messages),  was  in 
existence  twelve  years,  so  that  during  sixty-six  of  the  one 
hundred  and  twenty-nine  years  of  our  constitutional  history 
the  Governor's  term  has  been  two  years,  and  during  sixty- 
three  years  the  term  has  been  three  years. 

Since  the  organization  of  the  State  government  thirty- 
four  persons  have  been  elected  to  the  'office  of  Governor,  but 
there  has  been  considerable  variation  in  the  length  of  ser- 
vice. Governor  George  Clinton  was  in  office  twenty-one 
years.  Governor  Tompkins  was  in  office  from  July  1,  1807, 
to  February  24,  1817,  nearly  ten  years.  Governor  DeWitt 
Clinton  held  the  office  first  from  July  1,  1817,  until  Decem- 
ber 31,  1822,  five  years  and  six  months,  and  in  his  'Second  in- 
cumbency, from  January  1,  1825,  until  February  11,  1828, 
a  little  more  than  three  years;  making  his  total  service  a 
few  days  more  than  eight  years  and  seven  months.  Gov- 
ernor Hill  held  the  office  seven  years,  lacking  five  days. 
Governor  Jay  and  Governor  Marcy  each  held  the  office  six 
years.  Governors  Seward,  Seymour,  Morgan,  Fenton, 
Hoffman  and  Odell  each  held  the  office  four  years.  Gov- 
ernors Lewis,  Eobinson,  Cornell  and  Flower  each  held  the 
office  three  years.  Governor  Throop  became  acting-Gov- 
ernor on  the  resignation  of  Governor  Van  Buren  in  March, 
1829,  and  was  elected  in  1830,  holding  office  nearly  four 
years.  Governor  Cleveland  was  in  office  two  years  and  six 
days ;  Governor  Van  Buren,  two  months  and  twelve  days. 


xii  EDITOR'S  PREFACE. 

The  other  fourteen  whose  administrations  are  included  in 
this  work  held  the  office  two  years  each.  The  foregoing 
number,  thirty-four,  includes  Governor  Hughes,  who  was 
elected  in  1906,  and  is  now,  1909,  serving  his  second  term, 
which  will  expire  December  31,  1910. 

Four  vacancies  in  the  office  of  Governor  have  occurred 
since  the  organization  of  the  State  government.  Governor 
Tompkins  resigned  February  24,  1817,  to  become  Vice- 
President  of  the  United  States.  Governor  DeWitt  Clinton 
died  in  office  February  11,  1828.  Governor  Van  Buren  re- 
signed March  12,  1829,  to  become  Secretary  of  State  in 
President  Jackson's  cabinet.  Governor  Cleveland  resigned 
January  6,  1885,  to  become  President  of  the  United  States. 

Four  Lieutenant-Governors  have  become  Governors, 
namely,  John  Tayler  in  1817,  succeeding  Governor  Tomp- 
kins; Nathaniel  Pitcher  in  1828,  succeeding  Governor  De- 
Witt  Clinton ;  Enos  T.  Throop  in  1829,  succeeding  Governor 
Van  Buren,  and  David  B.  Hill  in  1885,  succeeding  Governor 
Cleveland. 

The  order  of  succession  is  given  in  the  subsequent  pages 
of  this  work,  and  also  in  the  following  list  of 

STATE  EXECUTIVES. 

1777,  July  —  1795,  June.     George  Clinton,  Governor. 

1795,  July  — 1801,  June.    John  Jay,  Governor. 

1801,  July  —  1804,  June.     George  Clinton,  Governor. 

1804,  July  —  1807,  June.    Morgan  Lewis,  Governor. 

1807,  July  — 1817,  February.     Daniel  D.  Tompkins,  Governor. 

1817,  February  —  June.     John  Tayler,  Lieutenant-Governor. 

1817,  July  —  1822,  December.    De  Witt  Clinton,  Governor. 

1823  — 1824.    Joseph  C.  Yates,  Governor. 

1825  —  1828,  February.    De  Witt   Clinton,   Governor. 

1828,  February  —  December.     Nathaniel  Pitcher,  Lieutenant-Governor. 

1829,  January  —  March.    Martin  Van  Buren,  Governor. 

1829,  March  — 1830,  December.    Enos  T.  Throop,  Lieutenant-Governor. 

1831  —  1832.  Enos  T.  Throop,  Governor. 

1833  — 1838.  William  L.  Marcy,  Governor. 

1839  —  1842.  William  H.  Seward,  Governor. 

1843  —  1844.  William  C.  Bouck,  Governor. 

1845  —  1846.  Silas  Wright,  Governor. 

1847  —  1848.  John  Young,  Governor. 


I 

EDITOE'S  PREFACE.  xiii 

1849  —  1850.  Hamilton  Fish,  Governor. 

1851  —  1852.  Washington  Hunt,  Governor. 

1853  —  1854.     Horatio  Seymour,  Governor. 

1855  —  1856.  Myron  H.  Clark,  Governor. 

1857  —  1858.  John  A.  King,  Governor. 

1859  —  1862.  Edwin  D.  Morgan,  Governor. 

1863  —  1864.  Horatio  Seymour,  Governor,  f 

1865  —  1868.  Reuben  E.  Fenton,  Governor. 

1869  —  1872.  John  T.  Hoffman,  Governor. 

1873  —  1874.  John  A.  Dix,  Governor. 

1875  —  1876.  Samuel  J.  Tilden,  Governor. 

1877  —  1879.  Lucius  Robinson,  Governor. 

1880—1882.  Alonzo  B.  Cornell,  Governor. 

1883  —  1885,  January  6.    Grover  Cleveland,  Governor. 

1885,  January  6  —  1891,  December.    David  B.  Hill,  Governor. 

1892  —  1894.  Roswell  P.  Flower,  Governor. 

1895  —  1896.  Levi  P.  Morton,  Governor. 

1897  —  1898.  Frank  S.  Black,  Governor. 

1899  —  1900.  Theodore  Roosevelt,  Governor. 

1901  —  1904.  Benjamin  B.  Odell,  Jr.,  Governor. 

1905  —  1906.  Frank  W.  Higgins,  Governor. 

1907  —  Charles  E.  Hughes,  Governor. 

JUDICIAL  DECISIONS. 

The  messages  and  other  documents  included  in  this  work 
contain  numerous  references  to  judicial  decisions  involving 
the  construction  of  statutes  or  constitutional  provisions, 
but  often  without  giving  the  title  of  the  case,  or  the  place 
where  it  may  be  found.  In  nearly  all  instances  the  editor 
has  been  able  to  identify  the  case  cited,  and  has  given  it  in 
a  footnote.  These  decisions  and  the  discussions  relating  to 
them  in  the  messages  and  otherwise  enable  the  student  to 
trace  the  history  of  public  questions  which  have  been  promi- 
nent at  different  times  during  our  history,  and  which  have 
often  led  to  important  results  in  the  construction  of  statutes 
and  constitutional  provisions.  The  cases  thus  cited,  either 
directly  or  in  footnotes,  are  given  in  a  table  of  cases  in 
Volume  XI. 

CONSTITUTIONAL  REFERENCES. 

Many  public  questions  have  involved  the  consideration  of 
constitutional  provisions,  which  have  often  been  carefully 
discussed  in  general  and  special  messages,  and  particularly 


xiv  EDITOE'S  PKEFACE. 

in  vetoes,  but  references  to  the  Constitution  have  been  made 
in  many  instances  by  topic  only,  without  citing  the  par- 
ticular provision  involved  in  the  discussion.  In  these  in- 
stances the  editor  has  taken  the  same  course  as  in  the  case 
of  judicial  decisions  not  fully  cited,  and  has  included  in 
footnotes  references  to  the  particular  provision  of  the  Con- 
stitution referred  to  in  the  message  or  other  document. 

The  citations  of  the  Constitution  are  included  in  a  table 
of  constitutional  references  in  Volume  XI.  It  is  intended 
by  this  table  to  afford  the  student  an  opportunity  to  ascer- 
tain whether  a  particular  constitutional  provision  has  re- 
ceived executive  consideration,  and  the  character  and  scope 
of  the  questions  involved. 

AC  KNOWLEDGMENTS. 

In  preparing  an  annotated  edition  of  the  messages  it  has 
been  necessary  not  only  to  discover  and  compile  these  docu- 
ments, but  a  study  of  various  miscellaneous  sources  of  in- 
formation was  also  needed  for  the  purpose  of  presenting 
the  facts  included  in  the  notes. 

The  principal  sources  of  information  may  be  found  in  the 
State  Library,  but  the  records  in  the  offices  of  the  Secretary 
of  State,  the  Comptroller  and  the  Adjutant-General  have 
also  been  consulted  for  the  purpose  of  procuring  informa- 
tion not  readily  accessible  elsewhere.  During  the  four 
years  spent  in  the  preparation  of  this  edition  the  editor  has 
often  requested  information  from  the  principal  'State  de« 
partments,  including  the  Library,  and  he  takes  this  oc- 
casion to  express  to  the  assistants  in  all  of  the  departments 
his  acknowledgments  for  very  valuable  aid  so  generously 
rendered  by  them  in  the  prosecution  of  his  task.  The  de- 
partments not  only  placed  their  resources  at  the  disposal 
of  the  editor  in  this  work,  but  promptly  responded  to  any 
special  requests  for  facts  which  seemed  to  be  needed  in  the 
course  of  Ms  investigations. 

Sometimes  for  weeks  and  even  months  the  editor  visited 
the  Law  Library  almost  daily,  and  every  book  in  some  large 


EDITOR'S  PREFACE.  xv 

departments  was  examined  during  the  course  of  his  study. 
The  librarians  and  assistants  responded  with  unfailing 
patience  to  the  editor's  numerous  requests,  and  rendered 
invaluable  service  in  his  researches.  The  editor  takes 
pleasure  in  expressing  his  grateful  acknowledgments  to 
Mr.  Frank  B.  Gilbert,  law  librarian  when  this  work  was 
begun,  and  who  is  now  chief  of  the  law  division  in  the 
State  Department  of  Education;  also  to  his  successor,  Mr. 
Frederick  D.  Coulson,  the  present  law  librarian,  and  to  the 
library  assistants,  Mr.  William  B.  Cook,  Jr.,  and  Mr. 
Arthur  J.  Smith. 

The  general  library  has  also  been  a  place  of  frequent  re- 
sort for  information,  especially  for  facts  relating  to  colonial 
and  early  State  history,  and  the  editor  takes  this  oppor- 
tunity to  express  his  obligations  to  the  library  staff,  and 
especially  to  Mr.  Frank  L.  Tolman,  reference  librarian,  to 
Mr.  George  G.  Champlin,  assistant  reference  librarian;  to 
Miss  Charlotte  Van  Peyma  and  to  Miss  Elizabeth  M.  Smith, 
assistants,  and  to  Mr.  Arnold  J.  F.  Van  Laer,  archivist, 
and  Mr.  Peter  Nelson,  assistant,  for  the  aid  rendered  by 
them. 

The  records  of  the  Executive  Department  have,  so  far  as 
available,  been  examined  for  the  purpose  of  verifying  the 
messages  and  other  executive  documents  included  in  this 
work,  and  the  editor  hereby  acknowledges  the  very  cordial 
aid  in  making  these  examinations  rendered  by  Mr.  Edgar 
L.  Murlin  and  Mr.  George  B.  Graves,  assistants  in  that  de- 
partment. 

The  editor  most  cordially  acknowledges  his  obligations 
to  Miss  Marguerite  Elizabeth  Griffin,  of  Albany,  N.  Y.,  for 
her  faithfulness  and  efficiency  as  his  reader  and  stenog- 
rapher during  the  preparation  of  these  volumes,  and  the 
very  satisfactory  manner  in  which  her  part  of  the  work  has 
been  performed. 

C.  Z.  L. 

Albany,  September  1,  1909. 


PREFACE. 


This  volume  includes  that  part  of  the  New  York  colonial 
history  beginning  with  the  first  Assembly  in  1683,  and  end- 
ing with  the  Revolution,  covering  eighty-four  years  of 
practically  continuous  legislative  history.  The  first  Legis- 
lature was  established  during  the  proprietary  government 
of  the  Duke  of  York,  but  the  Assembly  was  discontinued 
after  he  became  King  James  II  of  England.  His  royal 
career  was  abruptly  terminated  by  his  abdication  on  the 
llth  of  December,  1688,  and  soon  after  the  accession  of  his 
successors,  William  and  Mary,  the  colonial  Assembly  was 
re-established,  and  continued  without  substantial  interrup- 
tion until  the  Revolution. 

The  volume  includes  the  English  reigns,  in  whole  or  in 
part,  of  Charles  II,  James  II,  William  and  Mary,  William 
III,  Queen  A  Tine,  George  I,  George  II,  and  George  III.  The 
history  of  the  period,  some  of  which  appears  in  this  volume, 
includes  wars  between  England  and  France,  and  between 
England  and  Spain  and  with  other  European  nations,  and 
in  some  of  these  wars  the  American  colonies  were  often  the 
scene  of  important  military  movements  which  had  a  signifi- 
cant and  lasting  effect  on  the  relations  of  European  nations 
on  this  continent. 

The  reader  will  find  in  this  volume  much  concerning 
ordinary  colonial  development  and  expansion,  serious 
social  and  business  problems,  the  relations  between  the 
whites  and  the  Indian  tribes,  Indian  treaties  and  wars, 
struggles  between  the  English  and  the  French  for  the  pos- 
session of  Canada,  the  Northern  lakes  *and  the  Ohio  and 
Mississippi  valleys,  the  French  and  Indian  wars,  various 
efforts  to  promote  colonial  union,  the  English  conquest  of 
Canada,  and  the  movement  for  colonial  independence  re- 
sulting in  the  Revolution  and  the  establishment  of  a  new 
nation. 

[xvii] 


xviii  PREFACE 

Beading  the  various  communications  from  colonial  ex- 
ecutives to  the  Assembly  and  Council  with  the  accompany- 
ing documents  and  notes  the  student  cannot  fail  to  appre- 
ciate the  difficulties  attending  the  founding  a  colony  at  a 
remote  distance  from  the  mother  country,  and  he  will 
readily  acknowledge  the  zeal  and  loyalty  of  the  Governors 
sent  over  from  England,  and  also  their  high  ideals  and 
sincere  determination  to  establish  a  colony  and  maintain  a 
government  that  should  reflect  the  greatness  and  augment 
the  glory  of  the  British  Empire. 


CONTENTS  OF  VOLUME  I. 


INTRODUCTION./  1-17. 

Early  forms  of  government,  Twelve  Men,  1;  Eight  Men,  Nine  Men,  Duke 
of  York,  Hempstead  Convention,  Petition  to  Court  of  Assizes,  2; 
Duke  rejects  propositions  for  Assembly,  3;  Dyer's  Case,  Duke  inti- 
mates change  of  opinion,  4. 

THOMAS  DONGAN  APPOINTED  GOVERNOR.    5. 

Assembly  granted,  5;  Assembly  chosen,  9. 

1683,  October  — 9. 

First  meeting  of  Assembly,  seventeen  members  present,  records  lost,  9; 
passed  fifteen  laws,  10. 

1684,  October— 11. 

Second  session  of  Assembly,  journal  lost,  thirty-one  laws  passed,  11; 
Duke  becomes  King,  new  Assembly  called,  12. 

1685,  October  — 12. 

Second  Assembly,  first  session,  records  lost,  passed  six  laws,  12;  Assembly 
dissolved  and  discontinued,  legislative  power,  how  exercised,  13 ; 
accession  of  William  and  Mary,  14. 

Edmund  Andros  appointed  Governor  of  New  England  and  New  York, 
Francis  Nicholson,  Lieutenant-Governor,  14;  Leisler's  usurpation,  14. 

1690,  April  — 15. 

Leisler's  Assembly,  first  session;  journal  lost,  one  law  passed,  15. 

1690,  September  — 16. 
Leisler's  Assembly,  second  session,  records  lost,  several  laws  passed,  16. 

HENRY  SLOUGHTER,  GOVERNOR.  17-22. 

Assembly  revived  and  established,  17. 

1691,  April— 19. 

Military  establishment,  courts,  Attorney-General  to  draw  bills,  Speaker 
Graham  appointed  draftsman,  20;  recommending  reward  to  Captain 
William  Kidd  for  services  to  colony,  reprieve  to  Leisler  and  Milborne 
convicted  of  treason,  21 ;  Leisler  and  Milborne  executed,  22 ;  com- 
pensation to  judges,  wages  of  tradesmen  and  laborers,  address  to  the 
Crown,  revenue  at  New  York,  proclamation  recalling  absentees,  22; 
death  of  Governor  Sloughter,  23. 

[xix] 


xx  CONTENTS. 


RICHARD  INGOLDESBY,  COMMANDER-IN-CHIEF.    23-28. 

1691,  September  —  23. 

Monthly  fast  days  appointed,  24;  providing  for  defense  of  Albany, 
relations  with  the  Indians,  25. 

1692,  August  — 25. 
Defense  of  Albany,  26;  debts  of  colony,  28. 

BENJAMIN  FLETCHER,  GOVERNOR.  28-74. 

Appointed  Governor  of  New  York  and  Pennsylvania,  25. 

1692,  August,  continued  —  28. 

Defense  of  Albany,  decay  of  trade,  high  rate  of  interest,  status  of 
Assembly  in  consequence  of  Governor  Sloughter's  death,  28;  priva- 
teers and  pirates,  address  to  Crown,  29. 

First  Assembly  dissolved,  31;  new  Assembly,  31. 

1632,  October— 31. 

Ministers  and  religious  observance,  32;  public  debt,  32,  34;  support  of 
government,  32;  courts,  33;  relief  of  Albany,  postoffice,  official  fees, 
34. 

1693,  March  — 34. 

Ministers  and  religious  observances,  35,  38;  French  and  Indians  on 
northern  frontier,  relations  with  Indians,  35;  defense  of  Albany, 
35,  37;  New  York  weighhouse,  36,  38;  allowances  to  Crown,  36; 
changing  name  of  Long  Island  to  Nassau,  36,  38;  heavy  taxes,  37. 

Second  Assembly  dissolved,  39. 

1693,  September  —  39. 

Ministry,  religious  worship,  39;  allowance  to  Crown,  40,  42;  defense  of 
New  York,  building  King's  chapel,  41;  postoffice,  Westehester  taxes, 
Governors'  ecclesiastical  authority,  42. 

Third  Assembly  dissolved,  43. 

1694,  March  — 43. 

Defense  of  frontiers,  43 ;  presents  to  Indians,  44,  45 ;  support  of  govern- 
ment, fortifications  at  New  York,  relief  of  Albany,  44;  no  aid  from 
Connecticut  or  Pennsylvania,  45;  Indians  negotiating  with  French, 
46. 

1694,  September  — 47. 

Relations  with  Indians,  47;  defense  of  Albany,  48;  higher  pay  for 
militia,  48,  49;  cannon  sent  from  England,  rebuilding  barracks,  48; 
letter  from  Governor  Phipps  of  Boston,  recruits  from  England,  49; 
rejection  of  Assembly's  proposal  to  discontinue  detaching  militia, 
rebuilding  chapel  in  fort,  50. 


I 

CONTENTS.  xxi 

1695,  March— 51. 

Expenses  in  defense  of  frontiers;  possible  defection  of  Indians,  public 
debt,  52;  aid  not  expected  from  other  provinces,  muster-rolls,  pro- 
tecting frontier,  disposal  of  revenues,  53;  veto  of  bill  raising  sup- 
plies for  defense  of  frontier,  54;  power  of  church  wardens  to  call 
dissenting  minister;  printing  votes-  of  Assembly,  55. 

Fourth  Assembly  dissolved,  56. 

1695,  June  —  59. 

Defense  of  frontier,  Governor  refuses  gratuity  voted  by  Assembly,  56. 

1695,  October  — 57. 

Defense  of  frontier,  French  gain  foothold  at  Cadaracqui,  57 ;  sending, 
agents  to  England,  57,  59;  supplies  for  troops  on  the  frontier,  ad- 
dress to  Crown,  Sabbath  observance,  59;  quota  of  troops,  powers  of 
justices'  courts,  local  grievances  and  disorders,  60. 

1691,  March  — 61. 

Support  of  troops  from  England,  62;  rebuilding  chapel  in  fort,  62,  64; 
public  expenditures,  63;  frontier  defense,  pay  of  Major  Schuyler's 
company,  ascertaining  public  debt,  64. 

1696,  October  — 64. 

Defense  of  Albany,  French  movement  against  Indians,  royal  presents  to 
Indians,  65;  desertions  from  militia,  66;  Albany  magistrates  request 
Governor's  presence  during  winter,  67;  French  and  Indian,  attack 
on  Kinderhook,  statement  of  arrears  of  taxes,  73. 

EARL  OF  BELLOMONT,  GOVERNOR.  74^90. 

Appointed  Governor,  74;  arrives  in  New  York,  75. 
Fifth  Assembly  dissolved,  75. 

1698,  May— 75. 

Unhappy  condition  of  colony,  piracy  condemned,  75;  support  of  govern- 
ment, 76;  condition  of  frontier  defenses,  irregularities  at  elections, 
77;  address  to  Crown,  legislation  relative  to  courts  and  excise,  with- 
drawal of  six  members  of  Assembly,  78. 

Sixth  Assembly  dissolved,  78. 

1699,  March  — 79. 

Popular  discontent,  79;  continuance  of  revenue,  80;  public  debts  and 
accounts,  81,  84;  royal  aid  to  province,  81;  relations  with  Indians, 
82;  smuggling  at  Oyster  Bay,  erection  of  town  house  and  jail  in 
New  York,  83;  election  of  Members  of  Assembly,  relief  to  owner  of 
ship  Fortune,  schedule  of  official  fees,  claim  of  Robert  Livingston, 
appointment  of  Speaker  Graham  as  member  of  council,  new  Speaker 
chosen,  84. 


xxii  CONTENTS. 

1700,  July  — 85. 

Importance  of  friendly  relations  with  Five  Nations,  85;  Indians  ask  for 
Protestant  ministers  and  a  fort,  86;  location  and  estimated  expense 
of  fort,  88. 

1700,  October  — 89. 

Fort  in  Onondaga  country,  investigation  of  public  accounts,  erection  of 
a  town  house  and  jail  in  Albany,  89;  appointment  of  Chief  Justice 
and  Attorney-General,  90. 

1701,  April  — 90. 

INTERREGNUM.    90-93. 

Governor  Bellomont's  death,  Council  assumes  executive  authority,  90; 
dispute  as  to  succession,  91;  Assembly  confirms  Council's  authority, 
sustained  by  Lords  of  Trade,  Council  recommends  completion  of 
fort  in  Indian  country,  conference  with  Indian  sachems,  92;  con- 
tinuance of  service  of  King's  troops,  prevention  of  desertions  from 
New  York  garrison,  repair  of  forts  at  Albany  and  Schenectady, 
purchase  of  masts  for  King's  navy,  93. 

Seventh  Assembly  dissolved,  93. 

JOHN  NANFAN,  LIEUTENANT-GOVERNOR.    93-98. 

1701,  August  — 93. 

New  rule  as  to  gubernatorial  succession,  Indians  cede  large  tract  of  land 
to  Crown,  94;  royal  aid  to  colony,  support  of  government,  95;  ex- 
amination of  Receiver-General  Cortlandt's  accounts,  defense  of 
province,  wharf  in  New  York,  96. 

1702,  April  — 96. 

Defective  legislation,  French  pretender  to  English  throne,  97. 
Eighth  Assembly  dissolved,  98. 

LORD  CORNBURY,  GOVERNOR.  98-131. 

Appointment,  98. 

1702,  October  — 98. 

Condition  of  colony,  97;  defense  of  New  York  and  the  frontier,  militia 
bill,  99;  public  schools,  public  accountants,  rights  of  colonists,  100; 
congratulatory  address  to  Queen  Anne,  chaplain  to  the  Assembly, 
appointing  sergeant-at-arms  of  the  Assembly,  examination  of  public 
accounts,  property  qualifications  of  jurors,  101. 


CONTENTS.  xxiii 

1703,  April— 101. 

Amendment  of  Militia  Law,  102;  enlarging  powers  of  commissioners  of 
public  accounts,  expected  French  attack  on  New  York,  defense  pro- 
posed, frontier  fortifications,  highway  improvement,  obnoxious  manu- 
.  factures,  103;  English  military  and  naval  successes  in  Europe,  104; 
charges  against  public  officers,  expens/e  of  batteries  at  Narrows, 
address  to  Queen,  committee  to  prepare  address  requesting  royal 
aid  in  defense  of  province,  104;  unpaid  claims  against  province,  105. 

1703,  October— 105. 

Provision  for  defense  of  Albany,  105;  royal  prohibition  of  presents  to 
Governors,  106. 

1704,  April  — 107. 

Security  of  frontiers,  107;  support  of  government,  108;  repeal  of  part 
of  act  of  1691  relating  to  disorders  in  colony,  salaries  of  civil 
officers,  report  of  collector  of  New  York,  protest  against  Assembly's 
claim  to  regulate  military  affairs,  Assembly  cannot  control  disposition 
of  royal  funds  appropriated  for  colony,  additional  revenue  measures, 
109;  difference  between  Governor  and  Assembly  as  to  legislative 
powers,  110. 

1704,  October  — 111. 

Condition  of  revenue,  112;  defense  of  frontiers,  113. 
Ninth  Assembly  dissolved,  113. 

1705,  June  — 114. 

Troops  for  defense  of  Albany,  114 ;  new  Militia  Law,  support  of  ministers, 
establishing  ministers  on  Long  Island,  duty  on  European  goods,  115; 
exportation  of  corn  and  flour,  payment  of  public  debts,  clipping 
and  defacing  coin,  disorderly  houses  and  persons,  punishment  of 
slaves,  presents  to  Governor  and  Lieutenant-Governor  prohibited, 
116;  expense  incurred  in  defense  of  Albany,  expedition  in  search  of 
.  French  privateer,  importation  of  naval  stores  from  other  colonies, 
prohibiting  trade  with  Queen's  enemies,  117;  Council's  right  to 
amend  money  bills,  118. 

1705,  September  — 118. 
Defense  of  frontiers,  118;  sea  expedition,  119. 

1706,  May  — 119. 

Defenseless  condition  of  New  York,  batteries  at  the  Narrows,  120;  re- 
viving Militia  Law,  defense  of  Albany,  method  of  passing  money  bills, 
121;  fortifying  New  York,  122, 


xxiv  CONTENTS. 

1706,  September  — 122. 

Colony  to  name  its  own  treasurer  for  local  funds,  Council's  power  to 
amend  money  bills,  123;  colonial  legislation  not  to  limit  royal 
prerogative,  colony  to  make  provision  for  defense,  Colonel  Schuyler's 
visit  to  Indians,  124;  destruction  of  guardroom  at  Sebenectady,, 
fortification  of  New  York,  defense  of  Albany,  125. 

Tenth   Assembly   dissolved,   126. 

1708,  August  — 126. 

Governor's  power  to  act  while  outside  the  colony,  126;  Lieutenant- 
Governor  Ingoldesby's  views,  Lords  of  Trade  sustain  Governor's 
power  to  act  while  absent,  127;  support  of  government,  militia, 
expense  of  defending  Albany,  expense  of  cruise  against  French 
privateer,  128;  presents  to  Indians,  129,  130;  postoffice,  highways, 
129;  defense  of  frontier,  condition  of  Richard  Davis,  a  disabled 
soldier,  130;  expenses  incurred  by  Colonel  Schuyler  in  entertaining 
Indians,  reimbursement  of  Captain  Norbury,  pursuit  of  French 
privateer,  address  to  Queen  relative  to  corrupting  coin,  supplies  for 
garrisions  at  New  York,  Albany  and  Schenectady,  131. 

Eleventh  Assembly  dissolved,  132. 

LORD  LOVELACE,  GOVERNOR.     132-134. 

Appointment,  assumes  office,  132. 

1709,  April  — 132. 

Royal  aid  to  province,  support  of  government,  132;  public  debt,  repair 
of  fortifications,  new  sloop  for  coast  defense,  preventing  exportation 
of  gold  and  silver  coin,  133 ;  treaty  of  peace  among  Indian  tribes,  act 
relative  to  corrupting  coin,  134. 

Death  of  Governor  Lovelace,  134. 

RICHARD  INGOLDESBY,  LIEUTENANT-GOVERNOR.     134-140. 

Appointment  and  service,  continued  session  of  Legislature,  expedition 
to  Canada,  135;  post  from  Albany  to  Westfield,  136. 

1709,  September  — 136. 

Expenses  connected  with  Indian  treaties,  address  from  Albany  authorities, 
expedition  against  Canada,  136;  conference  with  Governors  of 
neighboring  provinces,  137,  139,  140;  frontier  defenses,  fortifications 
at  New  York,  137;  troops  for  Albany,  fort  at  Wood  creek,  138; 
expedition  to  Canada,  Judge  Milward's  salary,  address  to  Queen, 
140. 

Twelfth  Assembly  dissolved  by  failure  to  meet,  140. 


1 

CONTENTS.  xxv 

ROBERT  HUNTER,  GOVERNOR.     141-190, 

Appointed,  assumes  office,  new  Assembly  called,  141. 

1710,  September  — 141. 

Support  of  government,  141;  public  safety,  Indian  depredations,  142; 
frontier  defenses,  militia,  German  immigrants,  foreign  bankrupts, 
143;  presents  to  Governors  prohibited,  143,  145;  royal  repeal  of 
certain  acts,  expenses  of  Captain  Higby's  company  at  Albany,  post- 
office,  fees,  fortifications  at  Schenectady,  144;  maintaining  smith  in 
Indian  country,  Queen  Anne's  letter  relative  to  claims  of  Governor 
Lovelace  and  family,  145;  Palatines,  146;  forts  at  Albany  and 
Schenectady,  expedition  to  Canada,  147. 

1711,  April— 148. 
Queen's  interest   in  colony,  148;   support  of  government,  public  debts, 

frontier  defense,  149;  Governor's  power  to  act  while  out  of  colony, 

Assembly  denies  power,  150. 
Thirteenth  Assembly  dissolved,  150. 

1711,  July  — 150. 

Preparing  for  war,  151 ;  royal  aid,  procuring  supplies,  support  of  govern- 
ment, public  debt,  frontier  defense,  152;  sloops  for  coast  defense, 
unlawful  seizure  of  goods  by  customs  officer,  transports  for  expedi- 
tion against  Canada  exempt  from  tonnage  duty,  addresses  to  Queen, 
bateaux,  recruits  for  expedition,  preventing  mutiny,  153. 

1711,  October  — 154. 

Failure  of  military  movement,  situation  on  frontier,  154;  Militia  Act, 
public  debts,  sentinels  at  beacons  discontinued,  expedition  to  Canada, 
defense  of  Albany  and  Schenectady,  155;  Fort  Anne  powder  maga- 
zine, forts  in  Indian  country,  Connecticut's  claim  for  Indian  recruits, 
frontier  conditions,  Palatine  recruits,  bounty  money,  156;  compensa- 
tion of  British  lieutenants,  address  to  Queen,  Queen's  instructions, 
sale  of  liquor  to  Indians,  money  bills,  relations  with  Indians,  157; 
conference  of  Governors,  158. 

1712,  May  — 159. 

Support  of  government,  money  bills,  159;  forts  in  Indian  country,  de- 
fense of  New  York,  160;  use  of  surplus  stores  from  Canadian  expe- 
dition, repair  of  fort  at  New  York,  regulation  of  slaves,  importation 
of  white  servants,  Militia  Law,  selling  liquor  to  Indians,  relations 
with  Indians,  161;  note  on  money  bills,  162. 


xxvi  CONTENTS. 

1712,  August  — 163. 

Expenditure  of  public  funds,  receiver-general,  drawing  and  paying  war- 
rants, 164;  frontier  defense,  French  prisoners,  reimbursement  of 
owners  of  slaves  executed  for  conspiracy  and  murder,  money  bills, 
Assembly  criticised  by  Lords  of  Trade,  166;  expenses  of  commis- 
sioners to  negotiate  with  Indians,  167. 

Fourteenth  Assembly  dissolved,  167. 

1713,  May  — 167. 

Restrictions  on  power  of  Assembly,  168;  support  of  government,  169; 
relief  of  Lady  Lovelace,  estimate  of  annual  public  charges,  vendues 
and  peddlers,  selling  liquor  to  Indians,  relations  with  Indians,  170. 

1713,  October— 171. 

Use  of  excise  moneys,  public  debts,  veto  of  revenue  bill,  171;  expenses 
of  agent  to  negotiate  with  Indians,  172. 

1714,  March  — 172. 
Public  debts,  172;  support  of  government,  relations  with  Indians,  173; 

Queen  Anne's  death,  George  I  proclaimed  in  New  York,  174. 
Fifteenth  Assembly  dissolved,  new  Assembly  called,  174. 

1715,  May— 174. 

Address  to  King,  174;  colony  appoints  agent  to  visit  London,  175,  176; 
support  of  government,  French  presents  to  friendly  Indians,  Con- 
necticut boundary  line,  176;  relations  with  Indians,  South  Carolina 
asks  assistance  in  consequence  of  attacks  from  Indians,  177. 

Sixteenth  Assembly  dissolved,  new  Assembly  called,  177. 

1716,  June  — 177. 

Danger  of  French  aggressions,  178;  weakness  of  fort  at  Albany,  179; 
congratulatory  address  to  King,  Governor's  expenses  in  procuring 
royal  assent  to  public  debt  bill,  180. 

1716,  August— 180. 
Mulford  case,  180. 

1717,  April  — 181. 

New  bills  of  credit,  advancing  settlements  on  frontier,  public  schools,  181. 

1717,  September  — 182. 

Memorial  relative  to  colonial  affairs,  182;  New  Jersey  boundary,  trade 
with  Indians,  183. 

1718,  May  — 183. 

Mulford  case,  183;  royal  assent  required  to  trade  and  shipping  bills,  184. 


CONTENTS.  xxvii 

1718,  September— 184. 
New  Revenue  Act,  185;  seizure  of  sloop  by  Spaniards,  186. 

1719,  April— 186. 

War  with  Spain,  batteries  at  tire  Narrows,  187;  counterfeiting  bills  of 
credit,  transportation  of  pitch  and  tar,  bond  of  farmers  of  excise, 
second  judge,  New  York  custom  house,  188;  Governor's  intended 
visit  to  England,  Assembly's  address,  189;  Governor  Hunter  goes  to 
England,  190. 

WILLIAM  BURNET,  GOVERNOR.     190-229. 

Appointment,  arrival,  and  assumption  of  office,  190. 

1720,  October  — 190. 

Support  of  government,  191 ;  condition  of  frontier,  192 ;  forts  on  frontier, 
militia,  Indian  trade,  193;  presents  to  Indians,  194;  Matter  of 
Heath,  deputy  weighmaster,  195. 

1721,  May  — 195. 

Defense  of  frontiers,  French  aggressions,  196;  appointment  of  colonial 
treasurer,  Assembly  memorial  on  relations  with  Crown,  Indians  at 
Albany,  197. 

1722,  May— 197. 

Frontier  defense,  Indian  trade,  duties  on  imports,  sinking  bills  of  credit, 
198;  providing  for  arrears  of  duties,  defense  of  New  York,  199; 
presents  to  Indians,  clandestine  trade  with  French,  salary  of  Indian 
commissioner,  relations  with  Indians,  200;  defense  of  frontiers,  201. 

1722,  October  — 201. 

Communications  relative  to  audit  of  colonial  accounts,  military  supplies, 
Captain  Holland's  claim,  fort  at  Schenectady,  expense  of  transmit- 
ting Governor's  proclamation  recalling  English  subjects  in  Canada, 
houses  for  Indians  trading  at  Albany,  202;  fort  at  Albany,  relations 
with  Indians,  203;  examination  of  statutes,  204. 

1723,  May  — 204. 

Congratulatory  address  to  King,  royal  aid  to  colony,  205;  deficiency  in 
revenue,  negotiations  with  Indians,  Connecticut  boundary,  206;  In- 
dian trade,.  207. 

1724,  May  — 207. 

Public  debt,  208;  Connecticut  boundary,  208,  210;  Indian  trade,  209; 
method  of  enacting  private  laws,  repairing  fort  at  New  York,  210; 
salary  of  Indian  interpreter,  instructing  youth  in  Mohawk  language, 
examination  of  statutes,  King's  veto  of  2  per  cent,  import  bill,  211, 


xxviii  CONTENTS. 

1725,  August  — 211. 

Merchants  oppose  laws  regulating  trade  with  Canada,  212;  Indian  trade, 
212,  214;  agent  to  reside  in  Indian  country,  support  of  government, 
212;  completing  fort  at  New  York,  usefulness  of  colonial  agents, 
213;  Stephen  De  Lancey's  eligibility  to  Assembly,  214;  Connecticut 
boundary,  deficiency  of  revenue,  215;  acts  passed  providing  for 
various  public  purposes,  216. 

1726,  April  — 216. 

Support  of  government,  Indian  trade,  217;  agents  to  reside  in  Indian 
country,  agent  at  London,  218;  Connecticut  boundary,  218,  219; 
repairs  at  fort,  218;  Boston's  application  for  New  York  aid  in 
Indian  war,  importation  of  salt,  Governor  denies  intended  misappli- 
cation of  public  funds,  committee  to  examine  statutes,  Indian  affairs, 
219. 

Seventeenth  Assembly  dissolved,  new  Assembly  called,  220. 

1726,  September  —  220. 

Support  of  government,  220;  repairs  at  Fort  George,  compensation  of 
London  agent,  222;  negotiations  with  Six  Nations,  222,  224;  Indian 
trade,  223;  Connecticut  boundary,  Barclay  claim,  224. 

Eighteenth  Assembly  dissolved  by  death  of  George  I;  new  Assembly 
called,  225. 

1727,  September  —  224. 

Relations  with  Indians,  225;  Governor  reimbursed  for  certain  expenses, 
Connecticut  boundary,  226;  Massachusetts  boundary,  226,  228;  re- 
pairs at  fort,  New  Jersey  boundary,  agent  at  London,  227;  address 
to  King,  Oswego  trading-house,  Governor  presents  various  accounts, 
228;  Assembly's  protest  against  Court  of  Chancery,  229. 

Nineteenth  Assembly  dissolved,  new  Assembly  called,  229. 

JOHN  MONTGOMERIE,  GOVERNOR.  229-238. 

New  Assembly  dissolved  without  meeting,  229;  another  called,  230. 

1728,  July  — 229. 

Support  of  government,  230;  King  vetoes  Partition  Act,  repair  of 
barracks  at  New  York,  231. 

1729,  May  — 232. 

Six  Nations  friendly,  232,  233;  Oswego  trading-house,  232;  agent  at 
London,  importation  of  salt,  233;  Connecticut  boundary,  complaint 
as  to  Albany  jail,  Millington  library  offered  to  New  York,  action 
relating  thereto,  234;  King  vetoes  act  to  prevent  prosecutions  by 
information,  236. 


CONTENTS.  xxix 

1730,  August  —  236. 

King  vetoes  acts  relating  to  Indian  trade  with  French,  236;  Oswego 
trading-house,  236,  238;  frontier  defenses,  memorial  to  King  relative 
to  Indian  trade,  237;  new  stone  fort  at  Albany,  238. 

Governor  Montgomerie's  death,  238. 

RIP  VAN  DAM,  PRESIDENT  OF  COUNCIL.    238-242. 

1731,  August  — 238. 

Oswego  garrison,  Indian  trade,  fort  at  Albany,  239;  new  Excise  Law, 
various  communications  to  Assembly,  240;  smallpox  interrupts 
session,  240,  242;  memorial  to  King  relative  to  sugar  colonies,  240; 
Massachusetts  boundary,  French  fort  on  Collar's  lake,  encroachments 
on  northern  frontier,  241. 

WILLIAM  COSBY,  GOVERNOR.    242-254. 

1732,  August  — 242. 

Support  of  government,  Oswego  garrison,  243;  defenseless  condition  of 
Albany,  244. 

1733,  October  — 244. 

Repairs  of  barracks  at  New  York,  244;  Indian  trade  at  Oswego,  245. 

1734,  April  — 245. 

Decay  of  trade,  246;  Navigation  Acts,  247;  fortifications  at  New  York, 
Albany  and  Schenectady,  247,  249;  tariff  revision,  too  many  negroes 
and  convicts  in  colony,  Six  Nations  need  resident  smiths,  248. 

1734,  October  — 250. 

Cultivation  of  naval  stores  and  other  products,  bills  of  credit  for  expense 
of  fortifications,  250. 

1735,  October  — 251. 

Oswego   trading-house    and    garrison,   251;    colonial   finances,    Assembly 

petitions  for  dissolution,  252. 
Governor's    relation    to    the    Legislature,    general    note,    253;    Governor 

not  to  preside  in  legislative  Council,  253;  Governor  Cosby's  death, 

254. 

GEORGE  CLARKE,  PRESIDENT  OF  THE  COUNCIL.  254-258. 

1736,  October  — 254. 

Deficiencies  in  revenue,  ship  building  recommended,  255;  cultivation  of 
hemp,  fortifications,  256;  new  fort  in  Mohawks'  country,  256,  258; 
Oswego  trading-house,  presents  to  Senecas,  Council's  address  to 
President,  257. 


xxx  CONTENTS. 

GEORGE  CLARKE,  LIEUTENANT-GOVERNOR.    255,  258-310. 

Congratulatory  address  to  King,  258. 

1737,  April  — 258. 

Support   of  government,   259;   promoting  manufactures,  frontier  forti- 
fications, complaint  against  instructing  slaves  in  trades.  260. 
Twentieth  Assembly  dissolved,  new  Assembly  called,  262. 

1737,  June  — 262. 

Relations  with  Indians,  262;  deficiencies  in  revenue,  support  of  govern- 
ment, Oswego  trading-house,  264;  agents  in  Indian  country,  repair 
of  fortifications,  265;  sergeant-at-arms  for  Assembly,  frequent  elec- 
tions of  Assembly,  266;  Judicary  Act,  annual  appropriations,  267. 

1738,  September  — 268. 

Doubt  as  to  validity  of  prorogation  of  Assembly,  268;  death  of  Queen 
Caroline,  269;  support  of  government,  269,  273;  deficiencies  in 
sinking  fund,  260;  colonial  agent  at  London,  relations  with  Indians, 
270 ;  New  York  Tonnage  Act,  271 ;  French  encroachments  on  northern 
frontier,  271,  272;  fort  in  Mohawks'  country,  settlers  from  North 
Britain,  instructions  against  combining  different  subjects  in  one  law, 
272;  grant  of  revenue  to  Crown,  274;  Governor's  protest  against 
Assembly's  action  on  excise  bill,  275. 

Twenty-first  Assembly  dissolved,  new  Assembly  called,  275. 

1739,  March  — 275. 

Birth  of  Prince,  275;  support  of  government,  276,  278;  fortifications, 
fort  in  Indian  country,  277;  conference  with  Six  Nations  at  Albany, 
settlers  from  North  Britain,  278;  King's  veto  of  act  for  frequent 
elections  and  meetings  of  Assembly,  278,  279;  Jury  Law,  278;  As- 
sembly adjourns  because  of  smallpox,  280. 

1739,  August  — 280. 

Neglect  of  Fort  Hunter,  decay  of  ship  building,  280;  Massachusetts 
bdundary,  282,  283;  supplies  for  garrisons,  282;  estimated  expense 
of  fortifications,  support  of  government,  283. 

1739,  October  — 285. 
Acts  for  support  of  government  and  fortifications,  285. 

1740,  June  — 285. 

New  treaty  with  Six  Nations,  286;  expedition  against  Spanish  settle- 
ments in  West  Indies,  286,  288. 


CONTENTS.  xxxi 

1740,  September  —  289. 

Governor  requests  further  aid  to  expedition  against  Spanish  West  Indies, 
289;  Oswego  garrison,  repairing  chapel  in  Mohawks'  country,  290; 
support  of  government,  illicit  trade,  291;  Triennial  Assembly  Act, 
supplies  for  home  government,  292. 

1741,  April  — 292. 

Colonial  treasurer,  293,  298;  Governor  criticises  Assembly's  claim  of 
power,  293;  Assembly  denies  charge  of  movement  for  independence, 
294;  defense  of  province,  royal  supply  of  military  stores,  295;  Os- 
wego trading-house,  296,  299;  relations  with  Indians,  296;  militia 
duty,  government  buildings  in  New  York  destroyed  by  fire,  297; 
frequent  fires,  military  watches,  298;  expedition  against  Spanish 
West  Indies,  provisions  scarce  in  Indian  country,  300. 

1741,  September  —  301. 

Expedition  against  Spanish  West  Indies,  301,  304;  rebuilding  government 
buildings  at  fort  in  New  York,  night  watches  in  New  York,  302; 
support  of  government,  303;  Oswego  garrison,  Indian  affairs,  As- 
sembly petitions  Crown  to  erect  Governor's  house  in  New  York,  304. 

1742,  April  —  305. 

Repair  of  Fort  George,  frontier  defense,  305;  new  government  buildings 
in  New  York,  expedition  against  Spanish  West  Indies,  smiths  to 
reside  among  Indians,  military  service,  306. 

1742,  October  — 307. 

Support  of  government,  307;  Oswego  garrison,  recruits  for  Spanish 
expedition,  308;  erection  of  Governor's  house,  309. 

1743,  April  — 309. 
Fortifications,  309;  presents  to  Indians,  310. 

GEORGE  CLINTON,  Governor.    310-526. 
Twenty-second  Assembly  dissolved,  310;  new  Assembly  called,  311. 

1743,  November  — 310. 

Support  of  government,  alliance  with  Six  Nations,  Governor's  house,  312; 
agents  at  London,  313. 

1744,  April  — 314. 

Gunpowder  for  magazines,  Governor's  house  to  be  rebuilt,  need  of  colonial 
agents  at  London,  war  with  France  expected,  314;  frontier  defense, 
Oswego  garrison,  smallpox  in  West  Indies,  315;  France  declares 
war  against  England,  316;  colonial  preparations  for  war,  317. 


xxxii  CONTENTS. 

1744,  July  — 317. 

Defense  of  colony,  318,  322;  repairing  fortifications,  318;  presents  to 
Indians,  319,  325;  Massachusetts  and  Connecticut  ask  permission  to 
make  treaty  with  Indians,  319;  proposed  union  of  New  York  with 
neighboring  colonies  for  common  defense,  320,  330;  coast  defense 
needed,  320;  colonial  agent  in  London,  321;  fortifying  New  York, 
322;  fort  at  Crown  Point,  fort  in  Senecas'  country,  battery  at  Red 
Hook,  324;  outscouts  on  northern  frontier,  325;  Indian  trade,  326; 
maintenance  of  prisoners  of  war,  327,  328,  '329;  defense  of  Oswego, 
329. 

1745,  March  — 331. 

French  attempt  on  Annapolis  Royal,  Massachusetts  requests  assistance 
against  French,  331;  appropriations  to  aid  Massachusetts  in  Cape 
Breton  expedition,  332,  337;  employing  privateer  for  coast  defense, 
colonial  agent  at  London,  more  forts  in  Indian  country,  333;  Oswego 
garrison,  334, 338 ;  French  prisoners  sent  to  St.  Domingo,  334 ;  colonial 
union,  335;  examination  of  Whitehall  battery,  338,  339;  French  at 
Martinique,  defense  of  New  York,  340;  disaffection  of  Indians,  341; 
Governor  complains  of  Assembly's  indifference  to  possible  defection 
of  Indians,  342. 

Twenty-third  Assembly  dissolved,  344;  new  Assembly  called,  345. 

1745,  June  —  345. 

Defense  of  province,  fortifying  New  York,  345;  outscouts  on  frontier, 
346,  353;  preserving  fidelity  of  Indians,  Cape  Breton  expedition, 
346;  expedition  against  Louisburg,  347;  New  York  furnishes  money 
but  no  troops  to  aid  in  expedition,  additional  appropriation  for 
completion  of  Governor's  house,  349;  letter  from  Governor  Shirley, 
350;  letter  from  Commodore  Warren,  requesting  aid  in  Louisburg 
expedition,  351;  deposit  of  gunpowder  in  Fort  George,  capture  of 
Louisburg,  Canadian  Indians  violates  treaty  of  neutrality,  352; 
necessity  of  interview  with  Indians,  353,  355;  appropriation  for 
presents  to  Indians,  354;  murders  by  French  Indians,  355;  trade 
with  French  Indians,  356;  entertainment  of  Indians  at  Oswego,  357; 
powder  duly,  defense  of  northern  frontier,  358;  new  treaty  with 
Indians,  359;  French  and  Indian  hostilities  against  New  England, 
360,  363 ;  destruction  of  Saratoga,  361,  363 ;  detachments  for  defense 
of  Albany,  361 ;  Indians  to  be  enlisted,  362 ;  lottery  for  raising  public 
funds,  Kins^s  troops  sent  to  Albany,  363 ;  rebuilding  fort  at  Saratoga, 
364;  union  of  colonies,  militia,  365;  various  communications  relating 
to  public  affairs,  366, 


i 

CONTENTS.  xxxiii 

1746,  March  — 367. 

Smallpox  interrupts  Assembly,  meeting  at  "  Brookland,"  367;  blockhouses 
on  frontiers,  repairing  fortifications  at  Schenectady,  Six  Nations 
refuse  to  join  in  war,  368;  conference  with  neighboring  colonies, 
36S,  370;  supplies  for  Oswego  garrison,  369;  Assembly  declines  to 
furnish  troops  for  Louisburg,  370;  engineer  for  province,  Assembly 
declines  to  furnish  convoy  for  the  Rub'y,  371. 

1746,  June  —  372. 

More  troops  for  defense  of  Albany,  372;  expedition  against  Canada,  373, 
375;  subsistence  of  French  prisoners,  375;  inviting  Indians  to  a 
conference,  presents  for  them,  376;  other  colonies  requested  to  join 
in  expense  of  securing  Indian  alliance,  376,  378;  supplies  for*  ex- 
pedition, 377,  379;  rangers  on  frontiers,  377;  financial  aid  from 
other  colonies,  380. 

1746,  October  — 381. 

Six  Nations  consent  to  join  in  war,  382;  defense  of  frontier,  383;  trans- 
portation of  supplies,  385;  Governor  protests  against  lack  of  support 
from  Assembly,  Assembly  complains  of  abuses  in  military  service, 
387;  additional  preparation  for  expedition,  subsistence  of  French 
prisoners,  388;  rewards  for  scalps,  smiths  for  Indian  castles,  supplies 
for  Oswego,  389;  repairing  fort  at  Albany,  '390. 

1747,  March  — 390. 

Defense  of  frontier,  391;  negotiations  with  Indians,  391,  392;  supplies 
for  expedition,  391,  393,  411;  alliance  with  Six  Nations,  391;  two 
new  forts  near  Crown  Point,  392;  outscouts  and  rangers  on  the 
frontier,  394,  395,  402;  Kinderhook  requests  assistance,  394;  Gover- 
nor describes  efforts  to  protect  frontiers,  395;  fort  at  Saratoga  not 
well  located,  397;  indifference  of  Albany  merchants,  399;  Governor's 
personal  contributions  to  expense  of  war,  403;  appropriations  for 
expedition,  405;  relations  with  Indians.  405,  412;  Assembly  thinks 
neighboring  colonies  should  join  in  presents  to  Indians,  dangerous 
situation  at  Albany,  406;  exchange  of  prisoners,  409;  frontier  garri- 
sons, 410,  413. 

1747,  September  — 413. 

Plan  of  union  with  Massachusetts  and  Connecticut,  413,  418,  419 ;  frontier 
defense,  414,  417,  423,  441;  disaffection  among  Indians,  414,  425; 
defense  of  Oswego,  416,  440;  presents  to  Indians,  417,  421;  forts 
in  Indian  country,  421,  426;  difference  between  Governor  and  As- 
sembly, 422,  430,  443,  446,  448;  Governor's  memorandum  on  con- 
duct of  war,  439;  southern  colonies  asked  for  assistance,  440;  ex- 
pedition against  Canada  abandoned,  441;  liberty  of  press,  publicar 
tion  of  Assembly  proceedings,  447,  449. 

Twenty-fourth  Assembly  dissolved,  new  Assembly  called,  457. 


xxxiv  CONTENTS. 

1748,  February  — 457. 

Plan  of  union  with  Massachusetts  and  Connecticut,  457,  461,  462;  rela- 
tions with  the  Indians,  458,  462,  466;  support  of  government,  Indian 
interpreter,  Oswego  garrison,  459;  fortifications  at  Albany,  460; 
rewards  for  scalps,  460,  468;  expenses  of  the  war,  460;  outscouts  on 
frontier,  462;  necessity  of  union  among  colonies,  464,  465,  restrict- 
ing trade  with  Indians,  engineer's  report  on  fortifications  at  New 
York,  exchange  of  prisoners,  467;  Col.  William  Johnson  to 
command  New  York  troops,  volunteers  from  Connecticut,  468; 
Governor  denies  improper  interference  with  courts,  469. 

1748,  September  —  469. 

Prospect  of  peace,  469;  pay  of  certain  troops  discontinued,  470;  exchange 
of  prisoners,  470,  476;  Assembly  declares  policy  of  annual  appro- 
priations, 472;  defense  of  frontier,  474;  disbandment  of  troops, 
477;  subsistence  of  French  and  Spanish  prisoners,  478;  relations 
between  Governor  and  Assembly,  479. 

1749,  June  — 481. 

Peace  established,  481;  support  of  government,  482,  491;  instructions 
relative  to  method  of  expending  public  funds,  483,  484;  relations 
between  Governor  and  Assembly,  484,  486,  489,  492,  494,  497;  ex- 
change of  prisoners,  486,  489,  493,  495;  Governor  urges  payment 
of  Colonel  Johnson's  claims,  490;  instruction  relative  to  manner  of 
passing  laws,  493;  breaking  open  storehouse  at  Albany,  497;  Gover- 
nor's complaint  against  public  printer,  499. 

Twenty-fifth  Assembly  dissolved,  new  Assembly,  503. 

1750,  September  —  503. 

Supplies  for  Oswego,  503;  conference  with  Indians,  504,  508,  510,  511; 
support  of  government,  505;  encouragement  of  various  industries, 
507;  exchange  of  prisoners,  507,  510;  act  against  importation  of 
copper  money,  507;  Assembly  declines  to  aid  Pennsylvania  in  secur- 
ing fidelity  of  western  Indians,  509;  completion  of  Governor's  house, 
511. 

1751,  May  — 512. 

Death  of  Prince  of  Wales,  address  of  condolence,  512;  presents  to  In- 
dians, 513;  Mohawks  complain  against  duty  on  Indian  goods,  514. 

1751,  October  — 515. 
Support  of  government,  public  debts,  515;  relations  with  Indians,  516, 

517,  518. 
Twenty-sixth  Assembly  dissolved,  519;  new  Assembly  called,  520. 


CONTENTS.  xxxv 

1752,  October  — 520. 

Oswego  trading-house,  support  of  government,  520;  public  schools,  521. 

1753,  May  — 521. 

Revision  of  colonial  laws,  521;  Assembly  meets  in  Jamaica  because  of 
smallpox  in  New  York,  frontier  defense,  Colonel  Johnson's  claims 
paid,  522;  lottery  for  public  schools,  523;  conference  with  Six 
Nations,  524,  526;  New  Jersey  boundary,  525. 

SIR  DANVERS  OSBORN,  GOVERNOR.     526. 

Appointment  and  death,  520. 

JAMES  DELANCEY,  LIEUTENANT-GOVERNOR.     526-576. 

Report  of  Governor  Osborn's  death,  526. 

1753,  October  — 527. 

Royal  displeasure  concerning  colonial  disorders  and  laws  limiting  pre- 
rogative, 528,  532;  more  funds  for  Copsey  batter,  Oswego  trading- 
house,  Indian  alliance,  excise,  529;  new  Militia  Law,  exportation  of 
farm  products,  presents  to  Governor  prohibited,  530 ;  expected  Indian 
invasion,  union  of  colonies,  presents  to  Indians,  531;  counsel  ap- 
pointed in  customs  case,  532. 

1754,  April  — 534. 

French  encroachments  on  Ohio  frontier,  534,  541";  Virginia  requests  aid 
from  other  colonies  against  French,  535,  538;  sending  troops  to 
Virginia,  535,  536;  forts  and  smiths  in  Indian  country,  536;  defense 
of  Oswego,  537,  540;  presents  to  Indians,  537,  540;  New  Jersey 
boundary,  540,  544;  Massachusetts  boundary,  Cll,  544;  money  bills, 
544. 

1754,  May  — 545. 
Troops  for  Oswego  and  Virginia,  546. 

1754,  August  — 546. 

French  and  Indians  defeat  British  under  Washington  on  Ohio  frontier, 
546;  aiding  Virginia,  547,  549,  555,  565,  569;  defenseless  condition 
of  northern  frontier,  547,  563;  fort  in  Senecas'  country,  548; 
Indians  protest  against  sale  of  rum,  549,  569;  new  Militia  Law, 
549;  French  plan  conquest  of  province  of  New  York,  550;  Albany 
plan  of  union,  550,  551,  566,  577;  New  York  more  exposed  than 
southern  colonies,  Massachusetts  boundary,  552;  French  Indians 
destroy  settlements  on  northern  frontier,  dispute  as  to  title  to 
Kayaderosseras,  relations  with  Mohawks,  553;  quitrents,  New  Jersey 
boundary,  554;  defense  of  Albany,  555,  563;  annual  appropria- 


xxxvi  CONTENTS. 

tions,  556,  ^59;  bills  of  credit,  558,  559;  situation  in  view  of  im- 
pending war,  562;  restraining  trade  with  French,  564;  arrival  of 
General  Braddock,  565;  union  of  colonies,  565,  575;  defense  of 
Oswego,  566;  Connecticut  volunteers,  567;  Crown  Point  expedition, 
567,  568,  571;  conference  of  governors  and  others  at  Alexandria, 
568;  French  attempts  to  seduce  Six  Nations,  570;  preparations  for 
frontier  defense,  Braddock's  defeat,  572;  more  vigorous  methods 
urged,  573;  indirect  taxation  suggested,  574. 

SIR  CHARLES  HARDY,  GOVERNOR.  576-613. 

Appointed,  assumes  office,  576. 

1755,  December  —  583. 

Crown  Point  expedition,  583,  588,  592,  595;  Crown  requests  permanent 
revenue,  584;  new  Militia  Law,  584,  585;  troops  at  Fort  Edward 
and  Fort  William  Henry,  585,  588;  Assembly's  views  concerning 
permanent  revenue,  586;  rangers  on  frontier,  587,  588;  New  Jersey 
boundary,  588;  Massachusetts  boundary,  quartering  soldiers,  Indians 
abandon  settlements,  589;  situation  in  Orange  county,  590;  move- 
ment against  Ticonderoga,  590,  591;  union  of  colonies,  591;  pre- 
venting spread  of  infectious  diseases,  592;  Indian  incursions  in 
Ulster  county,  593;  exportation  of  provisions,  596,  600;  rates  for 
impressed  carriages,  596;  situation  at  Fort  William  Henry,  597; 
Earl  of.  Loudoun  appointed  commander-in-chief ,  597 ;  royal  aid  to 
colony,  bounties  and  pensions  for  recruits,  598;  disputes  as  to  cer- 
tain Indian  grants,  601. 

1756,  September  — 602. 

Oswego  taken  by  the  French,  war  with  France,  602 ;  allowance  for  militia 
on  northern  frontier,  603;  subsistence  of  French  prisoners,  604,  607; 
quartering  soldiers,  Governor  receives  funds  from  King,  604;  tem- 
porary revenue  bills  approved,  605;  indirect  taxation,  606;  beacons 
at  Rockaway  and  the  Narrows,  607;  supplies  for  New  York  gar- 
rison, 608. 

1757,  February  —  609. 

Preparations  for  war,  609,  610;  New  Jersey  boundary,  Massachusetts 
boundary,  610,  611;  fraudulent  grants  of  Indian  lands,  611;  Gover- 
nor Hardy  resigns,  appointed  rear-admiral,  613. 

JAMES  DELANCEY,  LIEUTENANT-GOVERNOR.  613-647. 
Fort  William  Henry  taken  by  French,  614;  smallpox  compels  Assembly 
to  change  place  of  meeting,  support  of  government,  various  military 
preparations,  616;  barracks  in  New  York,  inspection  of  provisions, 
new  Militia  Law,  indirect  taxation,  G17;  importation  of  white  ser- 
vants, 618. 


CONTENTS.  xxxvii 

1758,  March  — 618. 

Letter  from  William  Pitt  urging  enlistments,  619;  proposed  invasion  of 
Canada,  royal  aid  promised,  620;  detachments  of  militia,  621,  623; 
criticism  of  persons  who  abandon  homes  to  avoid  enlistments,  622; 
public  debts,  pilots,  chaplain  for  the  army,  623;  subsistence  of 
French  prisoners,  624. 

1758,  November  —  624. 

Reduction  of  Louisburg,  Cape  Breton  and  St.  John's  islands,  624; 
campaign  in  Mohawk  valley,  defeat  of  French  at  Cadaracqui  and  on 
Lake  Ontario,  625;  Lieutenant-Governor's  visits  to  Albany,  626; 
blockhouses  for  protection  of  Kingston,  Legislature  requests  reim- 
bursement of  colony  for  recent  military  expenditures,  627. 

Twenty-seventh  Assembly  dissolved,  629;  new  Assembly  called,  630. 

i 
1759,  January  — 630. 

Defeat  of  French  at  Fort  Duquesne,  630;  pilots,  630,  631;  impressments, 
extending  frontier  settlements,  631;  preparing  for  campaign  against 
Canada,  633-636;  General  Amherst  makes  loan  on  behalf  of  colony, 
637;  Legislature  assiimes  payment  of  loan,  638. 

1759,  December  —  640. 

Military  successes,  640;  additional  justice  of  Supreme  Court,  excise, 
regulating  sale  of  tickets  by  outside  lotteries,  641;  naval  victory 
on  French  coast,  642;  preparations  for  continuing  war,  643-645; 
Parliament  appropriates  funds  for  colony,  645;  Boston  fire,  payment 
of  public  debts,  646;  death  of  Lieutenant-Governor  Delancey,  647. 

CADWALLADER  COLDEN,  PRESIDENT  OF  THE  COUNCIL.     647-656. 

1760,  October  — 647. 
Conquest  of  Canada,  648;  support  of  government,  death  of  George  II, 

accession  of  George  III,  649. 

Twenty-eighth  Assembly  dissolved  by  death  of  King,  649;  new  Assembly 
caUed,  650. 

1761,  March  — 650. 

Appropriation  for  additional  military  expenses,  Assembly's  address  of 
condolence  on  death  of  George  II,  651;  continuing  campaign,  653; 
lighthouse  at  Sandy  Hook,  655. 

CADWALLADER  COLDEN,  LIEUTENANT-GOVERNOR.     656-659. 

1761,  September  —  656. 

Volunteers  for  frontier  service,  657;  Indians  in  Orange  and  Ulster  coun- 
ties, 657,  658. 


xxxviii  CONTENTS. 


ROBERT  MONCKTON,  GOVERNOR.     659. 

Appointment,  oath  of  office,  leave  of  absence,  delivers  seals  to  Lieutenant- 
Governor  Golden,  659. 

CADWALLADER  COLDEN,  LIEUTENANT-GOVERNOR.     659-668. 

1761,  November  — 659. 

General  colonial  affairs,  660;  dilatory  proceedings  in  courts,  660,  661; 
tippling  houses,  support  of  government,  660;  powers  of  Legislature, 
661;  chief  justice  appointed,  address  congratulating  King  on  his 
marriage,  662. 

1762,  March  — 662. 

Enlistments  for  continuing  military  service,  663;  war  with  Spain,  666; 
compulsory  military  service,  667. 

ROBERT  MONCKTON,  GOVERNOR.  669-673. 

1762,  November  —  669. 

British  victory  at  Havana,  669;  volunteers  for  frontier  service,  support 
of  government,  salaries  of  judges,  670;  quartering  King's  troops, 
671,  673;  county  boundaries,  extra  allowance  to  Attorney-General, 
New  Jersey  boundary,  672;  repairs  on  Governor's  house,  673. 

CADWALLADER  COLDEN,  LIEUTENANT-GOVERNOR.     673-700. 

Governor  Monckton  goes  to  England,  delivers  seal  to  Lieutenant-Governor, 
673. 

1763,  November  —  673. 

End  of  war,  673;  trouble  with  western  Indians,  674,  676,  678. 

1764,  April  — 679. 
Indian  war,  679,  680. 

1764,  September  —  681. 

Guards  on  frontier,  681;  treaty  of  peace  with  Indians,  681,  682;  sup- 
port of  government,  payment  of  public  debts,  681;  cultivation  of 
hemp,  682;  Assembly  protests  against  parliamentary  measures 
inimical  to  colony,  taxation  of  colony  without  its  consent,  683;  New 
Jersey  boundary,  684;  Massachusetts  boundary,  684,  685;  questions 
relating  to  the  validity  of  the  Kayaderosseras  patent  from  Mohawks, 
685,  686;  Assembly's  petition  to  King,  House  of  Lords  and  House 
of  Commons,  relative  to  colonial  affairs,  688-700. 

SIR  HENRY  MOORE,  GOVERNOR.    700-734. 

Appointment,  oath  of  office,  700. 

1765,  November — 700. 

Support  of  government,  Montreal  fire,  701;  supplies  for  King's  troops, 
protest  against  parliamentary  encroachments  on  colonial  rights,  703. 


CONTENTS.  xxxix 

1766,  June  — 706. 

Repeal  of  Stamp  Act,  706,  708,  710;  Assembly  protests  against  requisi- 
tion of  supplies  for  King's  troops,  708,  710;  note  on  Stamp  Act, 
710. 

1766,  November  — 714. 

Bills  of  credit,  714,  715,  716;  Quebec  boundary,  support  of  government, 
county  boundaries,  715;  quartering  King's  troops,  716;  repairs  on 
Governors  house,  717. 

1767,  May  — 717. 

Massachusetts  boundary,  718;  supplies  for  King's  troops,  Colonel  Brad- 
street's  claim,  719. 

1767,  November  —  720. 

Massachusetts  boundary,  720,  722;  Parliament  prohibits  colonial  legis- 
lation until  Assembly  consents  to  provide  for  quartering  King's 
troops,  Assembly  yields  to  demand,  721;  county  boundaries,  721, 
722;  King's  veto  of  certain  acts,  722. 

Twenty-ninth  Assembly  dissolved,  new  Assembly  called,  723. 

1768,  October  — 723. 

Crown  grants  colonial  supervision  of  Indian  trade,  723;  settlements  in 
Indian  country,  724;  quartering  King's  troops,  724,  725;  Montreal 
fire,  725;  riot  in  New  York,  726;  Fort  Stanwix  treaty  with  Indians, 
proposed  canal  around  Canajoharie  falls,  727;  Lieutenant-Governor 
Colden's  claim  for  salary  and  riot  damages,  728;  Assembly's  petition 
to  King  and  Parliament  relative  to  colonial  affairs,  729. 

Thirtieth  Assembly  dissolved,  new  Assembly  called,  731. 

1769,  April  — 731. 

Method  of  appointing  colonial  agents,  quartering  King's  troops,  732; 
providing  an  interpreter  and  smiths  in  Indian  country,  hospital  in 
New  York,  733;  death  of  Governor  Moore,  734. 

CADWALLADER  GOLDEN,  LIEUTENANT-GOVERNOR.    734-736. 

1769,  November  — 734. 

Union  of  colonies  on  Indian  trade,  quartering  King^s  troops,  735;  repairs 
at  Fort  George,  736. 

EARL  OF  DUNMORE,  GOVERNOR.    736-739. 

Appointment,  assumes  office,  736. 

1770,  December  —  736. 

Possible  war  with  Spain,  quartering  King's  troops,  support  of  govern- 
ment, 737;  Governor  declines  to  receive  salary  from  colony,  738; 
Indian  trade,  738,  739;  Quebec  boundary,  739. 


xl  CONTENTS. 


WILLIAM  TRYON,  GOVERNOR.    739-758. 

Appointment,  transferred  from  North  Carolina,  assumes  office,  739. 

1772,  January  —  740. 

Militia  Law,  fortifications  at  New  York,  quartering  King's  troops,  sup- 
port of  government,  741;  hospital  in  New  York,  742,  743;  powder 
duty,  744;  Quebec  boundary,  744,  745,  746;  Governor  declines  salary, 
new  building  for  secretary's  office,  745. 

1773,  January  — 746. 

Massachusetts  boundary,  747,  752;  Quebec  boundary,  747,  750;  New 
Jersey  boundary,  747;  repairs  to  mansion  house,  fort  and  battery, 
748,  750;  support  of  government,  748;  quartering  King's  troops, 
748,  753;  inspection  of  provisions,  counterfeit  money,  749;  in- 
creasing judicial  salaries,  750;  purchase  of  brass  cannon  and  gun 
powder,  750,  751;  relations  with  Mohawks,  751. 

1774,  January  — 753. 

Mansion  house  destroyed  by  fire,  753,  756;  appropriation  for  Governor's 
relief,  754;  Massachusetts  boundary,  754,  757;  Quebec  boundary, 
755,  756,  757 ;  support  of  government,  quartering  King's  troops,  755 ; 
New  Hampshire  grants,  756;  road  from  New  York  to  Hartford, 
757;  purchase  of  gunpowder,  rebuilding  government  house,  relief 
of  Justice  Ludlow  for  loss  by  fire,  758;  Governor  Tryon  goes  to 
England,  759. 

CADWALLADER  COLDEN,  LIEUTENANT-GOVERNOR.    759-778. 

1775,  January — 759. 

Support  of  government,  759;  crisis  in  colonial  affairs,  760;  Pennsyl- 
vania boundary,  761;  settlements  in  northeastern  part  of  province, 
762;  master  of  rolls  appointed,  repairs  at  Fort  George,  repairs  to 
secretary's  office,  763;  disorders  in  Cumberland  county,  Quebec 
boundary,  764;  Assembly  demands  home  rule,  general  note,  765; 
Governor  Tryon  returns,  765. 

Assembly  dissolved,  last  colonial  Assembly,  765. 

CLOSE  OF  THE  COLONIAL  PERIOD,  GENERAL  NOTE.  778. 
James  Robertson  appointed  Governor,  779;  Treaty  of  Peace,  independ- 
ence of  colonies,  British  evacuate  New  York,  General  Washington 
and  Governor  Clinton  enter  city,  Governor  Clinton  assumes  executive 
authority,  State  Legislature  meets  in  New  York,  complete  juris- 
diction of  new  government,  780. 


INTRODUCTION, 


EARLY  FORMS  OF  GOVERNMENT,  1623-1691. 

The  colonization  of  New  York  practically  began  in  1623, 
under  the  auspices  of  the  Dutch  West  India  Company, 
which  had  been  chartered  in  1621.  That  company  pos- 
sessed large  political,  judicial,  military  and  commercial 
powers,  and  until  the  English  conquest  in  1664,  was  in  sub- 
stantial control  of  colonial  affairs  subject  to  supervision 
and  regulation  by  the  States  General  of  Holland.  There 
was  no  legislature  authorized  to  make  laws  for  the  colony 
until  1683,  and  during  the  period  between  the  beginning  of 
colonization  and  the  first  assembly,  colonial  affairs  were 
practically  administered  by  a  governor  and  council.  Dur- 
ing this  period  of  sixty  years  there  was  often  much  dis- 
content, and  the  people  frequently  complained  of  the  arbi- 
trary powers  exercised  by  the  governors. 

The  people  sought  in  various  ways  to  obtain  a  share  in 
the  government,  claiming  it  as  a  right  because  it  was  en- 
joyed in  England  and  the  Netherlands,  and  also  asserting 
it  as  necessary  for  the  relief  of  the  people  from  the  conse- 
quences of  the  oppression  by  the  governors.  Some  relief 
was  obtained  from  time  to  time,  but  it  was  fragmentary, 
often  only  temporary,  and  at  no  time  prior  to  1683  did  it 
reach  the  dignity  of  legislative  power  vested  in  representa- 
tives of  the  people. 

Twelve  Men.  In  1641  the  masters  and  heads  of  families, 
in  response  to  the  governor's  invitation,  chose  a  body 
of  Twelve  Men  to  advise  the  governor  concerning  the 
proper  course  to  be  pursued  in  relation  to  pending  trouble 

[i] 


2  MESSAGES  FKOM  THE  GOVERNOR. 

with  the  Indians.  This  body  demanded  certain  reforms  in 
the  administration,  part  of  which  were  promised,  but  the 
governor  was  evidently  not  willing  to  share  his  authority 
with  the  Twelve  Men,  and  within  less  than  six  months  after 
their  selection  they  were  prohibited  from  holding  any  more 
meetings. 

Eight  Men.  In  September,  1643,  the  people  chose  a 
body  known  as  the  Eight  Men,  with  whom  the  governor 
was  expected  to  consult  on  various  public  affairs.  This 
body  considered  and  acted  upon  several  questions  relating 
to  the  administration,  and  exercised  some  legislative  au- 
thority. It  continued  in  existence  about  a  year. 

Nine  Men.  In  1647  under  Governor  Stuyvesant  a 
body  known  as  the  Nine  Men  was  chosen,  and  vested  with 
certain  administrative  and  judicial  powers.  This  experi- 
ment was  more  successful  than  its  predecessors  of  the 
same  kind,  but  it  continued  scarcely  five  years. 

Duke  of  York.  The  patent  issued  by  Charles  II  to 
the  Duke  of  York  in  1664,  by  which  he  became  Proprietor 
of  the  colony,  vested  in  him  "  full  and  absolute  power  and 
authority  to  correct,  punish,  pardon,  govern  and  rule  ' '  the 
inhabitants  of  the  colony.  There  was  no  provision  for  a 
legislature. 

Hempstead  Convention.  In  March,  1665,  delegates 
from  Long  Island  and  Westchester  county  met  in  con- 
vention at  Hempstead.  Other  parts  of  the  colony  were 
not  represented.  The  convention  had  no  legislative  power, 
but  it  was  expected  that  the  delegates  would  give  the  gov- 
ernor "  their  advice  and  information  in  the  settlement  of 
good  and  known  laws  within  this  government."  A  body 
of  laws  known  as  the  Duke's  Laws  was  promulgated  by  this 
convention  on  the  first  of  March,  1665. 

Petition  to  Court  of  Assizes.  In  November,  1669,  a 
petition  was  presented  to  the  Court  of  Assizes  by  repre- 
sentatives from  various  parts  of  the  colony,  in  which 


DUKE  OF  YORK.  3 

it  was  set  forth  that  by  the  terms  of  the  Articles  of  Capitu- 
lation upon  the  English  conquest  of  the  colony  in  1664  the 
people  had  been  promised  "  all  the  privileges  of  his  Maj- 
esty's other  English  subjects  in  America,"  and  it  was 
claimed  that  * '  participation  in  legislation  was  one  of  these 
privileges."  The  petition  was  rejected,  and  ordered  to  be 
burned  by  the  public  hangman. 

Duke  Rejects  Propositions  for  Assembly.  During  the  next 
five  years  the  agitation  for  a  general  assembly  continued, 
but  without  producing  any  tangible  results.  For  several 
years  the  Duke  rejected  all  propositions  for  an  assembly. 
On  the  6th  of  April,  1675,  writing  to  Governor  Andros,  the 
Duke  said: 

"  Touching  General  Assemblies  which  the  people  there 
seem  desirous  of  in  imitation  of  their  neighbor  colonies,  I 
think  you  have  done  well  to  discourage  any  motion  of  that 
kind,  both  as  being  not  at  all  comprehended  in  your  Instruc- 
tions, nor  indeed  consistent  with  the  form  of  government 
already  established,  nor  necessary  for  the  ease  or  redress 
of  any  grievance  that  may  happen,  since  that  may  be  as 
easily  obtained,  by  any  petition  or  other  address  to  you  at 
their  General  Assizes  (which  is  once  a  year)  where  the 
same  persons  (as  Justices)  are  usually  present,  who  in  all 
probability  would  be  their  Representatives  if  another  con- 
stitution were  allowed." 

Again  in  another  letter  to  the  Governor,  bearing  date 
January  28,  1676,  the  Duke  said: 

"  I  have  formerly  writ  to  you  touching  Assemblies  in 
those  countries  and  have  since  observed  what  several  of 
your  latest  letters  hint  about  that  matter.  But  unless  you 
had  offered  what  qualifications  are  usual  and  proper  to 
such  Assemblies,  I  cannot  but  suspect  they  would  be  of 
dangerous  consequence,  nothing  being  more  known  then  the 
aptness  of  such  bodies  to  assume  to  themselves  many  privi- 
leges which  prove  destructive  to,  or  very  oft  disturb,  the 
peace  of  the  government  wherein  they  are  allowed.  Neither 
do  I  see  any  use  of  them  which  is  not  as  well  provided  for, 
whilst  you  and  your  council  govern  according  to  the  laws 


4  MESSAGES  FROM  THE  GOVERNOR. 

established  (thereby  preserving  every  man's  property  in- 
violate) and  whilst  all  things  that  need  redress  may  be 
sure  of  finding  it,  either  at  the  Quarter  Sessions  or  by 
other  legal  and  ordinary  ways,  or  lastly  by  appeal  to  my- 
self. But  howsoever  if  you  continue  of  the  same  opinion, 
I  shall  be  ready  to  consider  of  any  proposals  you  shall  send 
to  that  purpose." 

Dyer's  Case.  The  movement  for  a  representative  assem- 
bly received  a  fresh  impetus  from  the  circumstances 
attending  the  indictment  of  William  Dyer,  collector  of 
New  York,  in  the  summer  of  1681  on  a  charge  of  high 
treason  in  assuming  to  collect  duties  without  lawful  au- 
thority, the  defect  consisting  in  the  fact  that  Governor 
Andros,  who  had  gone  to  England,  had  neglected  to  leave 
adequate  instructions  for  the  collection  of  duties.  When 
brought  to  trial  Dyer  questioned  the  authority  of  the 
court,  and  was  thereupon  sent  to  England  to  be  dealt  with 
according  to  the  King's  pleasure.  One  result  of  the  Dyer 
incident,  and  perhaps  the  chief  result  so  far  as  it  affected 
the  political  situation,  was  a  petition  for  an  assembly  which 
was  sent  to  the  Duke  of  York  by  the  chief  officers  of  the 
colony. 

Duke  Intimates  a  Change  of  Opinion.  This  petition  evi- 
dently produced  an  important  effect  on  colonial  affairs, 
for  on  February  11,  1682,  Sir  John  Werden,  the  Duke's 
secretary,  said  in  a  letter  to  Anthony  Brockholls,  who  had 
been  left  in  charge  of  affairs  in  New  York: 

* '  Though  I  cannot  yet  positively  assure  you  that  it  will 
be  so,  yet  I  may  hint  to  you  that  we  believe  his  Eoyal 
Highness  will  condescend  to  the  desires  of  that  Colony  in 
granting  them  equal  privileges,  in  choosing  an  Assembly 
&c  as  the  other  English  plantations  in  America  have.  But 
if  this  be  it  will  be  upon  a  supposition  that  the  inhabitants 
will  agree  to  raise  money  to  discharge  the  public  debts, 
and  to  settle  such  a  fund  for  the  future  as  may  be  sufficient 
for  the  maintenance  of  the  garrison  and  government. 
Wherefore  you  are  privately  to  sound  the  inclinations  of 
the  principal  inhabitants  there  upon  this  great  point." 


J 

THOMAS  DONGAN,  1682.  5 

March  28  following,  the  Duke  also  wrote  to  Lieutenant 
Brockholls  confirming  what  had  been  written  by  Secretary 
Werden,  and  said  he  intended  to  ' '  establish  such  a  form  of 
government  at  New  York  as  shall  have  all  the  advantages 
and  privileges  to  the  inhabitants  and  traders  there,  which 
His  Majesty's  other  plantations  in  America  do  enjoy,  par- 
ticularly in  the  choosing  of  an  assembly,  and  in  all  other 
things  as  near  as  may  be  agreeable  to  the  laws  of  Eng- 
land." The  Duke  also  suggested  that  in  consideration  of 
his  granting  an  assembly,  he  would  expect  the  people  to 
provide  certain  funds  for  public  purposes. 

Thomas  Dongan  Appointed  Governor.  The  next  step  in 
the  evolution  of  popular  government  was  the  appointment 
of  Thomas  Dongan  as  governor  of  the  colony. 

Governor  Dongan,  who  was  then  forty-eight  years  of 
age,  was  a  member  of  one  of  the  leading  families  of  Ire- 
land, and  had  served  several  years  in  the  French  army 
under  Louis  XIV,  being  Colonel  of  an  Irish  regiment. 
According  to  the  Parliamentary  Journals  of  January,  1678, 
Charles  II  had,  a  short  time  previously,  issued  an  order 
requiring  all  his  English  subjects  to  leave  France;  and  it 
seems  that  in  consequence  of  this  order  Col.  Dongan  re- 
turned to  England  sometime  in  the  latter  part  of  the  year 
1677.  Dongan  was  soon  afterwards  appointed  Lieutenant- 
Governor  of  Tangiers,  where  he  remained  until  1680,  when 
he  was  recalled.  His  commission  as  Governor  of  New  York 
bears  date  September  30,  1682,  and  the  accompanying  in- 
structions defining  his  duties  in  detail  were  issued  January 
27,  1683.  (N.  Y.  Col.  Doc.,  Vol.  Ill,  pages  328,  331.) 

Colonial  affairs  apparently  did  not  need  immediate  at- 
tention, for  Governor  Dongan  did  not  arrive  in  New  York 
until  August  25,  1683,  nearly  eleven  months  after  his 
appointment. 

Assembly  Granted.  The  intimation  contained  in  the 
foregoing  letters  from  Secretary  Werden  and  the  Duke 
of  York  early  in  1682,  that  the  petition  for  an  assembly 


6  MESSAGES  FEOM  THE  GOVEENOE. 

would  soon  be  granted,  took  positive  form  in  an  express 
grant  of  an  assembly  in  the  Duke's  instruction  to  Gov- 
ernor Dongan,  already  noted.  These  instructions  -contained 
a  complete  scheme  for  a  legislature  composed  of  the  gov- 
ernor, his  council,  which  for  this  purpose  became  a  legis- 
lative council,  and  an  assembly  chosen  by  the  people.  The 
Duke,  the  Proprietor  of  the  colony,  with  absolute  powers 
of  government,  except  as  affected  by  the  laws  of  England 
and  in  certain  cases  the  right  of  appeal  to  the  crown,  by 
the  instructions  to  Governor  Dongan  granted  to  the  people 
of  the  colony  legislative  power,  by  the  following  provision : 

"  You  are  also  with  advice  of  my  Council  with  all  con- 
venient speed  after  your  arrival  there,  in  my  name  to  issue 
out  Writs  or  warrants  of  Summons  to  the  several  Sheriffs 
or  other  proper  Officers  in  every  part  of  your  said  govern- 
ment, wherein  you  shall  express  that  I  have  thought  fit  that 
there  shall  be  a  General  Assembly  of  all  the  Freeholders, 
by  the  persons  who  they  shall  choose  to  represent  them  in 
order  to  consulting  with  yourself  and  the  said  Council 
what  laws  are  fit  and  necessary  to  be  made  and  established 
for  the  good  weal  and  government  of  the  said  Colony  and 
its  Dependencies,  and  of  all  the  inhabitants  thereof,  and 
you  shall  issue  out  the  said  Writ  or  Summons  at  least 
thirty  days  before  the  time  appointed  for  the  meeting  of 
the  said  Assembly,  which  time  and  also  the  place  of  their 
meeting  (which  I  intend  shall  be  in  New  York)  shall  also 
be  mentioned  and  expressed  in  the  said  Writ  or  Summons, 
and  you  with  advice  of  my  said  Council  are  to  take  care  to 
issue  out  so  many  writs  or  summons  and  to  such  officers, 
in  every  part,  not  exceeding  eighteen,  so  that  the  planters 
or  inhabitants  of  every  part  of  the  said  government  may 
have  convenient  notice  thereof  and  attend  at  such  election, 
if  they  shall  think  fit.  And  when  the  said  Assembly  so 
elected  shall  be  met  at  the  time  and  place  directed,  you 
shall  let  them  know  that  for  the  future  it  is  my  resolution 
that  the  said  General  Assembly  shall  have  free  liberty  to 
consult  and  debate  among  themselves  all  matters  as  shall 
be  apprehended  proper  to  be  established  for  laws  for  the 
good  government  of  the  said  Colony  of  New  York  and  its 
Dependencies,  and  that  if  such  laws  shall  be  propounded 


i 

THOMAS  DONGAN,  1683.  7 

as  shall  appear  to  me  to  be  for  the  manifest  good  of  the 
Country  in  general  and  not  prejudicial  to  me,  1  will  assent 
unto  and  confirm  them.  In  the  passing  and  enacting  of  all 
such  laws  as  shall  be  agreed  unto  by  the  said  Assembly, 
which  I  will  have  called  by  the  name  of  the  General  Assem- 
bly of  my  Colony  of  New  Yortf  and  its  Dependencies 
wherein  the  same  shall  be  (as  I  do  hereby  ordain  they  shall 
be)  presented  to  you  for  your  assent  thereunto." 

Here  was  a  general  grant  of  legislative  power,  and  a  pro- 
vision for  the  creation  of  an  assembly  of  representatives 
of  the  people  substantially  in  the  manner  prescribed  for  the 
English  Parliament,  and  practically  in  the  form  with  which 
we  are  so  familiar  under  our  constitutional  system. 

The  Governor's  duty  in  relation  to  the  consideration  of 
bills,  which  is  now  prescribed  by  article  4,  section  9  of  the 
Constitution,  is  set  forth  in  the  instructions  as  follows: 

"  You  are  to  consider  whether  the  same  be  for  the  gen- 
eral good  and  not  prejudicial  to  me;  and  if  you  find  them 
so  to  be,  then  you  are  to  give  your  assent  thereunto.  But 
if  you  shall  judge  them  inconvenient  or  prejudicial,  you 
are  to  refuse  your  assent  thereunto,  and  in  all  cases  you 
are  to  have  a  negative  voice  to  refuse  all  Laws  that  are 
presented  to  you;  and  when  you  shall  have  given  your  con- 
sent to  such  laws  as  shall  be  so  agreed,  you  shall  by  the 
first  opportunity  transmit  the  same  to  me  under  the  hands 
of  yourself  and  Council,  and  under  the  seal  of  the  Colony, 
(which  you  are  to  use  in  passing  of  grants)  to  the  end  that 
I  may  ratify  and  confirm  the  same,  if  I  shall  approve  or 
reject  them  if  I  do  not  think  them  reasonable.  But  the 
said  laws  so  assented  unto  by  you,  shall  be  good  and  bind- 
ing until  such  time  as  I  shall  cause  my  dislike  of  and  refusal 
to  pass  them  to  be  signified  unto  you,  and  from  thenceforth 
the  same  shall  cease  and  be  null  and  void  to  all  intents." 

The  experimental  character  of  the  new  form  of  govern- 
ment appears  in  the  following  provision : 

1  'And  I  do  also  give  you  power  from  time  to  time  to 
cause  the  said  General  Assembly  to  be  summoned,  which  I 
also  authorize  you  to  adjourn  or  dissolve  as  you  shall  see 
reason  and  cause." 


8  MESSAGES  FROM  THE  GOVERNOB. 

The  suggestion  in  the  letters  from  Secretary  Werden  and 
the  Duke  the  previous  year  that  if  an  Assembly  were 
granted  the  people  would  be  expected  to  provide  funds  for 
administering  the  government,  found  expression  in  part 
in  the  following  provision  relating  to  revenue  bills : 

"And  I  do  further  direct  you  not  to  pass  any  law  upon 
any  occasion  whatsoever  for  raising  any  public  revenue, 
unless  express  mention  be  made  therein  that  the  same  is 
levied  and  granted  unto  me,  or  unto  me  for  the  support 
of  the  government  or  to  such  uses  as  the  said  law  shall 
appoint.  And  you  are  as  much  as  in  you  lyeth  to  take 
effectual  care  that  there  may  be  a  constant  establishment 
for  raising  of  money  sufficient  to  support  and  maintain 
the  charge  of  the  government  of  those  parts  both  civil 
and  military ;  and  also  that  there  may  be  money  raised  for 
paying  and  discharging  the  arrears  now  due  to  the  officers 
and  soldiers  and  other  expenses  of  the  government.  And 
are  not  to  suffer  any  public  money  whatsoever  to  be  issued 
or  disposed  of  otherwise  than  by  a  warrant  under  your 
hand.  And  you  are  not  to  pass  any  laws  or 

do  any  act  by  grant,  settlement  or  otherwise  whereby  my 
revenue  may  be  remitted,  lessened  or  impaired,  without  my 
especial  leave  or  commands  therein." 

Temporary  laws  were  restricted  by  the  following  pro- 
vision : 

"And  it  is  my  express  will  and  pleasure  that  all  laws 
whatsoever  for  the  good  government  and  support  of  my 
said  colony  of  New  York  with  its  dependencies  be  made  in- 
definite and  without  limitation  of  time,  except  the  same  be 
for  a  temporary  end,  and  which  shall  expire  and  have  its 
full  effect  within  a  certain  time." 

It  will  be  observed  that  the  legislative  power  granted 
to  the  Assembly  was  to  be  shared  with  the  Governor  and 
Council,  who  were  also  constituent  elements  of  the  legisla- 
ture. The  instructions  expressly  granted  to  the  members 
of  the  council  "  freedom  of  debates  and  vote  in  all  affairs 
of  public  concern." 


1683.     ASSEMBLY  CHOSEN. 


THOMAS  DONGAN,  Governor. 

It  has  already  been  noted  that  Go\?ernor  Dongan  arrived 
in  New  York  on  the  25th  of  August,  1683.  He  acted 
promptly  in  relation  to  an  Assembly,  and  on  the  13th  of 
September  writs  were  issued  for  the  election  of  eighteen 
representatives  apportioned  as  follows:  Staten  Island, 
Schenectady  and  Pemaquid,  one  each;  Martha's  Vineyard 
and  Nantucket  together,  one ;  Esopus  and  each  of  the  three 
ridings  on  Long  Island,  two  each;  Albany  with  Rens- 
selaerwyck,  two,  and  New  York  with  Harlem,  four.  The 
writs  were  returnable  the  17th  of  October,  and  the  Assem- 
bly was  required  to  meet  on  that  day  at  Fort  James  in 
New  York. 

First  Meeting  of  Assembly.  The  Assembly  met  in  New 
York  on  the  17th  of  October,  1683.  Its  records  are  lost, 
and  the  names  of  its  members  have  not  been  pre- 
served, except  that,  according  to  the  bills  passed  by  it, 
Mathias  Nicolls  of  New  York  was  speaker,  and  John 
Spragge,  who  was  also  a  member  of  the  council,  was  clerk. 
One  member  —  perhaps  from  Pemaquid,  a  remote  settle- 
ment on  the  coast  of  Maine  —  was  not  present.  Seventeen 
representatives  appeared,  and  thus  constituted  the  first 
Assembly  in  New  York. 

The  Council  was  then  composed  of  six  members:  An- 
thony Brockholls,  Frederick  Flypsen,  Stephen  Van  Court- 
land,  Lucas  Santen,  John  Spragge  and  John  Youngs.  That 
Council  sustained  the  same  relation  to  the  Colonial  Legis- 
lature that  the  House  of  Lords  sustained  and  still  sustains 
to  the  English  Parliament,  and  that  the  Senate  sustains 
to  the  Assembly  under  the  Constitution. 

Here  was  instituted  the  first  Legislature,  composed  of 
twenty-four  men  —  the  Governor,  the  Council  and  seven- 

[9] 


10  MESSAGES  FROM  THE  GOVERNOR. 

teen  Members  of  Assembly.  The  loss  of  the  journal  of  this 
Assembly,  and  the  meager  references  to  its  proceedings  in 
contemporaneous  history,  make  it  impossible  to  give  a  de- 
tailed statement  of  the  procedure  at  its  first  meeting.  It 
had  long  been  the  custom  in  England  for  the  King  to  meet 
the  House  of  Lords  and  the  House  of  Commons  together 
at  the  opening  of  Parliament,  and  in  their  presence  deliver 
a  speech  relating  to  public  affairs.  The  House  of  Com- 
mons thereupon  chose  a  speaker  who  was  presented  to  the 
King  for  his  approval.  We  shall  see  when  examining  the 
proceedings  of  the  revived  Assembly  in  1691,  and  of  its 
successors  till  1823,  that 'the  procedure  at  the  opening  of 
Parliament  was  closely  followed  at  the  first  meeting  of  the 
Assembly. 

The  Colonial  Legislature  having  been  constructed  on  the 
parliamentary  model,  it  may  fairly  be  assumed  that  par- 
liamentary procedure  was  followed  at  the  opening  of  the 
first  Assembly  on  the  17th  of  October,  1683,  and  that  Gov- 
ernor Dongan  in  the  presence  of  both  houses  delivered  a 
speech,  reciting  the  inauguration  of  the  legislative  system, 
and  recommending  specific  subjects  for  the  consideration 
of  the  Legislature.  "What  recommendations  were  made,  if 
any,  we  do  not  know.  The  Legislature  passed  fifteen  laws 
which  were  approved  by  the  Governor,  and  it  is  fair  to 
suppose  that  some  of  them  were  recommended  by  him. 

The  bills  passed  at  this  session  include  the  Charter  of 
Liberties  and  Privileges,  which  was  once  approved  by 
James  as  Duke  of  York,  but  was  afterwards  vetoed  by  him 
when  he  became  King.  Laws  were  enacted  relating  to  the 
following  subjects :  Revenue,  compensation  of  Members  of 
Assembly,  division  of  the  Province  into  shires  and  coun- 
ties, naturalization,  abrogating  existing  provisions  as  to 
country  rates  and  fees  of  justices,  settling  courts  of  justice, 
preventing  willful  perjury,  providing  for  municipal  tax- 
ation and  the  support  of  the  poor,  rewards  for  the  destruc- 
tion of  wolves,  preventing  swine  from  running  at  large, 


I 

THOMAS  DONGAN,  1684.  11 

legal  procedure  in  certain  cases,  confirming  titles  to  certain 
real  estate,  providing  for  a  present  to  the  Governor,  and 
preventing  frauds  in  the  conveyances  of  lands.  The  text 
of  these  laws  may  be  found  in  Volume  1  of  the  Colonial 
Laws  as  compiled  by  the  Statutory  Eevision  Commission 
and  published  in  1897. 

1684,    OCTOBER.    FIRST  DONGAN  ASSEMBLY,  SECOND  SESSION. 

The  first  Dongan  Assembly  began  its  second  session  on 
the  21st  of  October,  1684,  according  to  adjournment.  Its 
journal  has  not  been  preserved.  Mathias  Nicolls  was  con- 
tinued as  speaker,  and  Eobert  Hammond  was  chosen  clerk. 
There  is  no  record  of  a  speech  by  the  Governor. 

Thirty-one  laws  were  passed,  of  which  the  following  is  a 
brief  summary :  Explaining  the  judiciary  act  of  1683,  legal 
procedure,  authorizing  persons  twenty-one  years  of  age  to 
convey  lands,  and  persons  fourteen  years  of  age  to  choose 
guardians,  prohibiting  common  baratry,  champerty  and 
maintenance,  regulating  the  practice  of  medicine  and  sur- 
gery, the  election  of  constables,  punishing  fugitive  serv- 
ants, preventing  deceits  and  forgeries,  purchasing  Indian 
lands,  prescribing  marriage  procedure,  concerning  cattle, 
cornfields  and  fences,  regulating  burials,  assignment  of 
specialties,  qualifications  of  brewers,  orphans,  regulating 
certain  real  estate  actions,  requiring  justices  to  attend 
court;  masters,  servants,  slaves,  laborers  and  apprentices, 
arrest  on  civil  process,  the  militia,  proceedings  on  judg- 
ments, proceedings  on  judgments  of  former  courts,  sale  of 
cordwood,  relating  to  a  present  to  the  Governor  as  pro- 
vided by  the  act  of  1683,  encouraging  trade  and  navigation, 
preventing  damages  from  casting  ballast  into  rivers,  com- 
pensation of  judges,  "Westchester  Court  of  Sessions,  con- 
firming mortgages  made  before  the  restoration  of  Charles 
II,  explaining  revenue  bill  of  1683,  and  confirming  certain 
judgments  of  former  courts. 


12  MESSAGES  FROM  THE  GOVERNOR. 

1685.     SECOND  DONGAN  ASSEMBLY,  FIRST  SESSION. 

Charles  II  died  the  6th  of  February,  1685,  and  the  Duke 
of  York  thereupon  became  James  II  of  England.  His  rela- 
tion to  the  colony  of  New  York  was  thereby  changed  from 
that  of  a  proprietor  to  that  of  a  sovereign.  King  James 
formally  communicated  this  change  to  Governor  Dongan 
in  a  letter  dated  March  5,  1685,  in  which  the  King  says 
that  by  reason  of  the  death  of  Charles  the  propriety  of  the 
colony,  which  had  been  vested  in  him  by  letters  patent  from 
Charles,  * '  is  now  wholly  devolved  upon  Our  Eoyal  person 
and  annexed  to  Our  other  Dominions."  The  government 
of  the  colony  was  to  be  continued  as  under  previous  instruc- 
tions until  further  notice. 

In  May  following  writs  of  election  were  issued  to  fill 
vacancies  in  the  Assembly  from  several  counties,  but  after- 
wards, the  question  arose  whether  the  death  of  Charles 
had  not  worked  a  dissolution  of  the  Assembly.  Believ- 
ing that  the  Assembly  had  been  dissolved  by  the  death 
of  the  King,  Governor  Dongan  on  the  13th  of  August, 
1685,  issued  a  proclamation  dissolving  it,  and  on  the 
17th  of  August  and  the  2d  of  September  writs  of 
election  were  issued  for  a  new  Assembly.  The  Assembly 
was  required  to  meet  on  the  20th  of  October  following.  On 
that  day  the  new  Assembly  met  and  elected  William  Pin- 
horne  speaker  and  Kobert  Hammond  clerk.  The  records  of 
this  Assembly  are  also  lost,  and  it  is  therefore  not  defi- 
nitely known  whether  the  Governor  delivered  a  speech  at 
the  beginning  of  its  deliberations. 

It  passed  six  laws,  namely,  to  prevent  Sabbath  breaking, 
against  swearing  and  cursing,  against  drunkenness,  provid- 
ing for  monthly  courts,  removal  of  courts  from  Gravesend 
to  Flatbush,  and  authorizing  local  ordinances  as  to  swine. 


I 

THOMAS  DONGAN,  1686.  13 


1686.    ASSEMBLY  DISCONTINUED. 

The  Assembly  of  1685  was  adjourned  to  the  25th  of  Sep- 
tember, 1686,  and  on  the  4th  of  September  was  again  pro- 
rogued to  the  25th  of  March,  1687,  but  on  the  20th  of  Janu- 
ary, 1687,  the  Assembly  was  dissolved.  This  dissolution 
was  the  result  of  a  new  commission  issued  by  the  King  to 
Governor  Dongan,  bearing  date  June  10,  1686,  and  which 
was  received  in  New  York  on  the  14th  of  September,  after 
the  Assembly  had  been  prorogued  to  the  following  March. 
By  this  commission  the  Assembly  was  in  effect,  though  not 
in  terms,  discontinued,  and  the  following  provision  was 
made  for  legislation  in  the  colony: 

"And  we  do  hereby  give  and  grant  unto  you  full  power 
and  authority,  with  the  advice  and  consent  of  our  said 
Council  or  the  major  part  of  them,  to  make,  constitute  and 
ordain  laws,  statutes  and  ordinances  for  the  public  peace, 
welfare  and  good  government  of  our  said  Province  and  of 
the  people  and  inhabitants  thereof  and  such  others  as  shall 
resort  thereto,  and  for  the  benefit  of  us,  our  heirs  and 
successors. 

"  Which  said  laws,  statutes  and  ordinances  are  to  be  (as 
near  as  conveniently  may  be)  agreeable  to  the  laws  and 
statutes  of  this  Our  Kingdom  of  England. 

' '  Provided  that  all  such  laws,  statutes  and  ordinances  of 
what  nature  or  duration  soever  be  within  three  months  or 
sooner  after  the  making  thereof  transmitted  unto  us  under 
our  seal  of  New  York  for  our  allowance  and  approbation 
of  them,  as  also  duplicates  thereof  by  the  next  conveyance." 

The  commission  also  vested  in  the  Governor  and  Council 
power  to  levy  and  raise  necessary  taxes  for  the  support  of 
the  government.  This  commission  eliminated  the  Assembly 
from  the  legislative  system,  and  restored  the  early  policy 
under  which  the  Governor  and  Council  exercised  full  legis- 
lative power,  subject  to  the  royal  veto. 


14  MESSAGES  FROM  THE  GOVERNOR. 


1690.     LEISLER'S  ASSEMBLY. 


JACOB  LEISLER,  Acting  Lieutenant-Governor. 

By  the  death  of  Charles  II,  which  occurred  on  the  6th  day 
of  February,  1685,  his  brother,  the  Duke  of  York,  became 
James  II  of  England.  On  the  llth  of  December,  1688, 
James  abandoned  the  throne,  and  as  a  result  William  of 
Orange  and  his  wife  Mary,  daughter  of  the  Duke,  became 
sovereigns  of  England  on  the  13th  of  February,  1689. 

On  the  7th  of  April,  1688,  Edmund  Andros  received  a 
commission  as  Governor  of  New  England,  which,  by  its 
terms,  included  New  York.  This  union  was  distasteful  to 
the  people  of  the  colonies  who  desired  to  retain  and  enjoy 
their  former  charters.  In  April,  1689,  Governor  Andros 
was  seized  and  imprisoned  in  Boston.  Francis  Nicholson 
had  been  appointed  Lieutenant-Governor  with  Governor 
Andros,  and  when  the  latter  went  to  Boston  in  the  autumn 
of  1688  was  left  in  charge  of  affairs  in  New  York.  The 
Lieutenant-Governor  was  apparently  not  able  to  control 
affairs  in  the  Province  which  had  become  seriously  dis- 
turbed in  consequence  of  the  change  of  government  in  Eng- 
land, and  doubtless  also  in  consequence  of  the  absence  of 
Governor  Andros. 

Jacob  Leisler  took  advantage  of  the  situation  and 
usurped  executive  authority  in  New  York,  ultimately  as- 
suming and  attempting  to  exercise  the  powers  which  be- 
longed to  a  Governor  commissioned  by  the  crown.  Nichol- 
son sailed  for  England  in  June,  1689,  leaving  Leisler  prac- 
tically master  of  the  field  with  Andros  a  prisoner  in  Bos- 
ton. Leisler  proclaimed  the  accession  and  sovereignty  of 
William  and  Mary,  chose  a  Council  and  assumed  to  admin- 
ister the  government  according  to  the  forms  with  which  the 
colony  was  familiar.  On  the  20th  of  February,  1690,  he 
issued  writs  for  an  election  of  Members  of  an  Assembly. 


I 

JACOB  LEISLEK,  1690.  15 

The  Documentary  History  of  New  York,  Volume  2,  page 
42,  contains  the  following  writ  issued  to  the  city  and  county 
of  New  York : 

''  Whereas,  there  is  a  great  necessity  to  settle  the  affairs 
of  the  province,  in  a  more  especial  manner  than  hitherto 
hath  been  thought  requisite,  and  the  attacks  of  the  French 
at  Schenectady  calling  for  more  than  ordinary  succours. 

11  These  are  in  their  Majesties  King  William's  name,  to 
will  and  require  you  to  elect  and  make  choice  of  two  proper 
and  fit  persons  to  repair  forthwith  to  this  city,  empower- 
ing them  as  your  representatives  to  consult,  debate  and 
conclude  all  such  matters  and  things  as  shall  be  thought 
necessary  for  the  supply  of  this  government  in  this  present 
conjuncture,  of  which  you  are  not  to  fail,  as  you  will  answer 
the  same  at  your  peril." 

The  people  did  not  respond  to  this  invitation  to  choose 
an  Assembly,  and  on  the  8th  of  April  Leisler  issued  new 
writs,  to  which  there  was  a  general  response. 

This  Assembly  met  in  New  York  on  the  22d  of  April, 
1690,  but  it  seems  that  the  minutes  of  its  proceedings  have 
not  been  preserved.  It  appears,  however,  from  contempo- 
raneous correspondence  that  the  Assembly  met  at  the 
house  of  Mr.  Walters,  Leisler 's  son-in-law,  who  was  a  rep- 
resentative from  New  York,  and  that  John  Spratt  was 
chosen  speaker.  It  does  not  appear  whether  there  was  any 
speech  by  Leisler,  who  had  assumed  the  title  as  well  as  the 
functions  of  Lieutenant-Governor.  Parliamentary  routine 
had  not  then  become  established  in  the  colony,  but  we  may 
probably  assume  that  in  some  way  Leisler  communicated 
to  the  Assembly  the  object  of  its  meeting,  and  the  necessity 
for  immediate  legislation  on  specified  topics.  Some  of  these 
are  pointed  out  in  the  preamble  to  the  writ  of  election,  and 
this  of  itself  might  have  been  deemed  a  message  from  the 
acting  Lieutenant-Governor  suggesting  legislation  concern- 
ing the  subjects  indicated.  The  legislation  enacted  at  this 
session  consisted  of  one  statute  imposing  a  tax  of  three 
pence  in  every  pound  for  general  public  purposes,  and  giv- 


16  MESSAGES  FROM  THE  GOVERNOR. 

ing  to  all  inhabitants  of  the  colony  *  *  equal  freedom  to  bolt 
and  bake  and  to  transport  where  they  please,  directly  to 
what  place  or  country  they  think  fit,  anything  their  places 
afford, ' '  and  providing  * '  that  the  one  place  should  have  no 
more  privileges  than  the  other. ' ' 

After  a  short  session  Leisler  prorogued  the  Assembly 
to  the  1st  day  of  September,  and  in  August  issued  writs  of 
election  to  fill  vacancies  in  certain  counties.  He  also  issued 
a  proclamation  on  the  9th  of  August  convening  the  Assem- 
bly on  the  1st  of  September,  in  accordance  with  the  pre- 
vious prorogation.  Leisler  being  absent  from  New  York, 
the  Assembly  did  not  meet  on  the  1st  of  September,  and 
on  the  llth  another  proclamation  was  issued  requiring  the 
Assembly  to  meet  on  the  15th.  In  compliance  with  this 
proclamation  the  Leisler  Assembly  began  its  second  session 
on  the  15th  of  September,  1690.  Its  journal  has  not  been 
preserved. 

The  legislation  enacted  at  the  second  session  included  a 
tax  of  three  pence  in  the  pound,  with  a  provision  for  the 
election  of  local  assessors  and  collectors,  punishing  persons 
refusing  to  serve  under  Leisler 's  commissions,  prohibiting 
the  departure  of  any  person  from  the  colony  without  Leis- 
ler's  consent,  regulating  the  transportation  of  property, 
prohibiting  the  departure  of  any  person  from  the  counties 
of  Albany  and  Ulster  without  Leisler 's  permission,  and 
requiring  all  absentees  to  return  to  such  counties  within 
fourteen  days. 

The  bills  passed  by  this  Assembly,  and  now  on  file  in  the 
office  of  the  Secretary  of  State,  include  the  following: 

"Be  it  enacted  and  it  is  hereby  Enacted  by  the  Gen- 
eral Assembly  and  by  the  Authority  of  the  Same  that  all 
and  every  the  Inhabitants  of  this  Province  may  enjoy  and 
receive  the  full  privilege  and  benefits  of  the  laws  of  this 
Province  and  that  no  freeman  be  taken  or  imprisoned  but 
by  warrant  lawfully  issued  out,  and  that  all  courts  of  judi- 
cature be  duly  kept  and  observed  according  to  the  laws  in 
that  behalf  provided,  and  that  all  persons  imprisoned 


HENRY  SLOUGHTER,  1691.  17 

within  any  place  of  this  Province  be  legally  tried  by  the 
laws  of  the  land  agreeing  to  the  laws  of  their  Majesties' 
realm  of  England,  and  for  any  such  persons  who  are  fled 
out  of  this  Province  be  and  are  hereby  required  to  return 
to  their  respective  homes  and  habitations  without  trouble 
or  molestation  whatsoever — (within  three  weeks  after 
publication  hereof)  but  if  any  crimes  are  by  them  com- 
mitted that  they  be  legally  tried  before  any  courts  of  judi- 
cature within  this  province  as  the  laws  do  require  and  all 
persons  so  fled  as  aforesaid  and  shall  not  return  in  the  said 
time  shall  be  deemed  and  esteemed  as  persons  disobedient 
to  the  government." 

The  following  attestation  appears  at  the  end  of  the  bill : 

"  The  representatives  have  assented  to  this  bill  (after 
three  times  reading)  and  ordered  it  to  be  sent  to  the  Gov- 
ernor and  his  Council  for  their  approbation. 

JOHN  SPEATT,  Speaker." 

This  was  on  the  18th  of  September,  1690,  and,  though 
the  Legislature  continued  in  session  more  than  two  weeks, 
the  record  does  not  show  that  the  bill  received  the  assent 
of  the  Lieutenant-Governor  and  Council. 


1691.     ASSEMBLY  REVIVED  AND  ESTABLISHED. 


HENRY  SLOUGHTER,  Governor. 

Many  of  the  troubles  that  beset  New  York  might  have 
been  averted  if  Governor  Sloughter,  who  was  appointed 
on  the  14th  of  November,  1689,  had  promptly  assumed  his 
official  duties  in  the  colony.  Comparatively  little  progress 
had  at  this  time  been  made  by  Leisler  in  the  usurpations 
which  had  such  a  marked  effect  on  the  history  of  the  colony, 
and  which  resulted  in  his  own  execution  under  a  conviction 
of  treason.  A  year  and  four  months  elapsed  after  Gover- 
nor Sloughter 's  appointment  before  he  arrived  in  New 


18  MESSAGES  FROM  THE  GOVERNOR. 

York,  and  during  this  time  Leisler  had  administered  the 
government  with  a  high  hand,  an  Assembly  had  been 
chosen  under  his  writ,  laws  had  been  passed,  and  various 
functions  of  government  had  been  administered  under  the 
direction  of  a  man  whose  assumption  of  executive  power 
was  wholly  without  authority.  Governor  Sloughter  did  not 
arrive  in  New  York  until  the  19th  of  March,  1691,  but  four 
months  had  been  spent  on  the  voyage  from  the  Isle  of 
Wight  by  way  of  Bermuda. 

The  accession  of  William  and  Mary  as  sovereigns  of 
England  in  February,  1689,  marked  the  beginning  of  a  new 
and  most  important  era  in  English  political  history.  The 
change  of  policy  concerning  New  York,  resulting  from  the 
change  of  government  at  home,  was  manifested  by  the  pro- 
vision in  Governor  Sloughter 's  commission,  authorizing  an 
Assembly,  substantially  as  provided  by  the  Duke  of  York 
in  his  first  commission  to  Governor  Dongan.  Governor 
Sloughter  was  vested  with  full  power  to  call  an  Assembly, 
and  the  Assembly  together  with  the  Governor  and  the 
Council,  constituted  a  Colonial  Legislature.  As  in  the  case 
of  Governor  Dongan,  Governor  Sloughter  was  given  the 
veto  power,  and  also  the  power  to  adjourn,  prorogue,  or 
dissolve  the  Assembly.  It  may  be  remarked  here  that  this 
legislative  policy,  now  for  the  first  time  declared  by  the 
Crown,  continued  without  change  during  the  remainder  of 
the  colonial  period,  and  all  commissions  and  instructions 
to  the  colonial  governors  during  that  time  were  substan- 
tially in  the  same  form  so  far  as  concerns  the  structure  and 
general  powers  of  the  Colonial  Legislature. 

New  Assembly  Called.  On  the  21st  of  March,  1691,  Gov- 
ernor Sloughter  issued  writs  of  election  for  an  Assembly, 
which  was  required  to  convene  on  the  9th  of  April. 
Beginning  with  this  Assembly  and  its  colleague,  the  legis- 
lative Council,  the  journals  and  records  of  the  Legislature 
have,  for  the  most  part,  been  preserved,  and  are  accessible 
to  the  student. 


HENBY  SLAUGHTER,  1691.  19 

The  first  regular  Assembly  met  on  the  9th  of  April,  as 
required  by  the  writs  of  election.  Following  the  English 
parliamentary  custom,  the  two  houses  met  in  joint  session 
and  listened  to  a  speech  by  the  Governor,  similar  in  char- 
acter to  the  King's  speech  at  the  opening  of  Parliament. 
The  journal  shows  that  a  speech  was  delivered  by  the  Gov- 
ernor, and  that  the  Assembly  requested  a  copy  of  it,  which 
was  promised,  but  instead  of  furnishing  a  full  copy  the 
Governor  sent  the  following  memorandum: 

' '  Mr.  Speaker,  The  business  offered  to  the  consideration 
of  the  Assembly  yesterday,  by  his  Excellency,  was, 

An  address  to  his  Majesty.1 

A  committee  to  review  and  report  the  laws,  courts  and 
salaries  of  the  judges.2 

An  act  for  ministers  in  every  town,  and  their  mainte- 
nance.3 

An  act,  for  quieting  of  the  late  troubles,  and  assurance 
of  the  people  in  general,  from  any  pursuit,  saving  to  every 
one  his  particular  action.4 

The  support  of  the  garrison  at  Albany,  &c.5 


1  The  address  to  the  Crown  was  approved  and  signed  on  the  5th  of  May. 
The  journals  do  not  contain  the  text  of  the  address. 

2  A  general  judiciary  act  was  passed  on  the  6th  of  May,  1691,  chap.  4,  pro- 
viding for  various  courts,  and  creating  the  supreme  court. 

3  There  was  no  legislation  on  the  subject  of  ministers  until  1693,  chap.  36, 
which  provided  for  the  settlement  and  maintenance  of  ministers  in  certain 
counties.   ' 

*  The  Assembly  complied  with  this  recommendation  by  enacting  a  law. 
chap.  1,  on  the  6th  of  May,  "  for  the  quieting  and  settling  the  disorders 
that  have  lately  happened  within  this  Province,  and  for  establishing  and 
securing  their  Majesties  present  government  against  the  like  disorders  for  the 
future." 

This  statute  declared  that  "  there  can  be  no  power  and  authority  held  and 
exercised  over  their  Majesties'  subjects  in  their  Province  and  Dominion 
but  what  must  be  derived  from  their  Majesties,  their  Heirs  and  Successors," 
and  disturbers  of  the  existing  government  were  declared  to  be  rebels  and- 
traitors. 

5  An  act,  chapter  9,  was  passed  May  13,  imposing  a  tax  on  certain  goods 
brought  into  Albany,  the  proceeds  of  which  were  to  be  used  exclusively  for 
local  purposes. 


20  MESSAGES  FROM  THE  GOVERNOR. 

The  continuation  of  the  revenue,  with  such  amendments 
and  additions,  as  may  be  necessary.6 

In  which  particulars,  the  House  is  desired  to  proceed 
with  such  expedition  as  may  be,  there  being  a  necessity  of 
the  Governor's  going  to  Albany,  in  a  short  time,  and  a 
recess  of  the  Assembly,  unto  a  larger  day. 

This  is  his  Excellency's  and  the  Councils  Direction. 

MATTHEW  CLARKSON,  Secretary. 

To  JAMES  GRAHAM,  Esq; 
Speaker  of  the  Assembly, 
Fort  William  Henry,  April  10,  1691." 

At  the  suggestion  of  the  Assembly,  on  the  10th  of  April, 
it  was  agreed  that  all  communications  from  the  Governor 
and  Council  be  in  writing. 

SPECIAL  MESSAGES. 

April  10.  Relative  to  a  conference  committee  to  pre- 
pare an  address  to  the  Crown,  and  for  other  purposes. 
(See  note  1.) 

April  14.    Relative  to  the  military  establishment.7 

April  15.  Recommending  an  act  to  establish  courts  of 
judicature.  (See  note  2.) 

April  16.  Assigning  the  Attorney-General  to  draw  bills 
for  the  Assembly.  Apparently  the  Attorney-General  did 
not  give  this  assignment  much  attention.  He  went  to  Bos- 
ton without  leaving  any  substitute  as  draftsman  for  the 
Assembly,  and  George  Farewell  was  designated  to  perform 
this  service.  On  the  24th  of  April  the  Assembly  appointed 
its  speaker,  James  Graham,  as  draftsman  of  its  bills.  But 


6  A  general  revenue  act,  chapter  11,  was  passed  on  the  16th  of  May,  intended 
to  provide  funds  for  carrying  on  the  government  and  for  other  public  purposes. 

7  This  recommendation  was  embodied  in  the  militia  law,   chap.  5,  passed 
May  6th,  requiring  the  enrollment  of  all  male  persons  between  fifteen  and 
sixty  years  of  age,   and  also   requiring  soldiers   to  provide   themselves  with 
the  necessary  arms,  accoutrements  and  ammunition.     Members  of  the  militia 
residing  in  the  city  of  New  York  were  authorized  to  furnish  substitutes. 


HENRY  SLOUGHTEE,  1691.  21 

the  question  was  not  settled  by  this  appointment,  for  on  the 
9th  of  May  the  speaker  presented  to  the  Assembly  a  com- 
munication from  the  Governor  and  Council,  suggesting  a 
conference  as  to  the  method  of  drawing  bills.  The  Assem- 
bly declined  to  join  in  the  conference  for  the  reason  that 
the  Council  had  already  assigned  the*  Attorney-General  to 
draft  bills. 

April  18.  Informing  the  Assembly  of  the  ' '  many  good 
services  done  to  this  Province  by  Capt.  William  Kidd,  in 
his  attending  here  with  his  vessels  before  his  Excellency's 
arrival,"  and  suggesting  "  that  it  would  be  acceptable  to 
his  Excellency  and  this  Board  that  they  consider  of  some 
suitable  reward  to  him  for  his  good  services."8 

April  20.  Eequesting  the  opinion  of  the  Assembly  as 
to  the  propriety  of  granting  a  reprieve  to  Jacob  Leisler 
and  Jacob  Milborne,  convicted  of  treason.  The  Assembly 
say  that  "  their  Majesties  have  only  intrusted  that  matter 
of  reprieving  with  his  Excellency  alone ;  and  they  dare  not 
presume  to  give  their  opinion  thereupon." 

In  another  communication  to  the  Assembly  on  the  llth 
of  May  the  Governor  says  he  ' '  understands  there  is  very 
great  disquiet  and  dissatisfaction  amongst  the  people  of 
this  Province,  some  being  displeased  that  the  prisoners 
were  not  executed,  and  others  declaring  that  he  had  not 
power  to  execute  them;"  and  requests  the  opinion  of  the 
Assembly  as  to  "  what  may  be  proper  for  the  quieting  and 
securing  the  government. ' '  The  Assembly  suggested  a  con- 
ference with  the  Governor  and  Council,  which  was  agreed 
to. 

On  the  15th  the  Governor  informed  the  Assembly  that 
there  was  a  great  clamor  among  the  people  because  the 
prisoners  had  not  been  executed,  and  that  a  majority  of 
the  Assembly  having  given  their  assent  to  the  course  about 


8  By  an  act.  chapter  12.  passed  on  the  ICth  of  May,  the  Assembly  recom- 
mended that  Captain  Kidd  be  paid  one  hundred  and  fifty  pounds  for  his 
services. 


22  .     MESSAGES  FROM  THE  GOVERNOR. 

to  be  pursued,  it  had  been  resolved  by  the  Council  that  "as 
well  for  the  satisfaction  of  the  Indians  as  the  asserting  of 
the  government  and  authority,  residing  in  his  Excellency, 
and  preventing  insurrections  and  disorders  for  the  future, 
it  is  absolutely  necessary  that  the  sentence  pronounced 
against  the  principal  offenders,  be  forthwith  put  in  exe- 
cution." Leisler  and  Milborne  were  executed  the  next 
morning,  the  16th,  and  on  that  day  the  Assembly  declared 
its  approval  of  what  the  Governor  and  Council  had  done. 

April  23.  Thanking  the  Assembly  ' '  for  their  great  dili- 
gence "  in  expediting  public  business. 

April  23.  Recommending  that  provision  be  made  for 
the  support  of  the  judges  of  the  Oyer  and  Terminer  and 
of  the  Supreme  Courts.  The  Assembly  replied  that  the 
subject  of  the  courts  had  already  been  considered  in  con- 
nection with  the  act  settling  courts  of  judicature. 

April  29.  Recommending  legislation  relative  to  "  the 
extravagance  of  tradesmen  and  laborers'  wages  that  work 
by  the  day  in  this  Province." 

May  5.  Presenting  an  engrossed  copy  of  an  address  to 
their  Majesties,  William  and  Mary,  which  was  approved 
and  signed  by  the  Governor  and  each  member  of  the  Coun- 
cil and  the  Assembly.  (See  ante,  p.  19,  note  1.) 

May  11.  Transmitting  a  memorial  from  the  collector 
of  the  port  in  relation  to  revenue. 

May  18.  Transmitting  for  the  concurrence  of  the  As- 
sembly a  proclamation  "  for  calling  back  such  as  through 
fears  and  jealousies  have  deserted  their  habitations,  and 
assure  them  of  freedom  and  liberty  from  unlawful  and 
vexatious  suits." 

May  18.  Thanking  the  Assembly  for  their  good  ser- 
vices, for  the  care  they  had  taken  of  the  Province,  and  for 
their  kindness  towards  himself,  and  recommending  an  ad- 
journment of  the  Legislature  to  the  8th  of  September  fol- 
lowing. Both  houses  adjourned  accordingly. 


I 

1691.    SEPTEMBER.    FIRST  ASSEMBLY,  SECOND  SESSION. 


RICHARD  INGOLDESBY,  Commander-in-Chief. 

By  Governor  Sloughter's  death,  which  occurred  on  the 
23d  of  July,  1691,  the  government  was  devolved  upon  the 
Council  until  some  other  person  should  be  authorized  to 
act.  On  the  26th  of  July  the  Council  considered  the  ques- 
tion of  succession,  and  determined  that  Major  Richard 
Ingoldesby,  by  virtue  of  the  commission  received  by  him 
from  the  Crown,  and  under  which  he  acted  on  his  arrival 
in  New  York  in  January,  1691,  was  the  highest  royal 
officer  in  the  Province;  he  was  accordingly  designated  as 
Commander-in-Chief,  and  took  the  required  oaths.  The 
letters  patent  and  instructions  to  the  late  Governor 
Sloughter,  with  the  seal  of  the  Province,  were  delivered  to 
Major  Ingoldesby,  and  he  acted  as  Governor  until  the 
arrival  of  Governor  Fletcher  in  August,  1692.  The 
records  describe  him  as  Commander-in-Chief,  but  he  as- 
sumed and  apparently  exercised  the  ordinary  powers  of 
the  Governor,  including  the  powers  relating  to  the  legis- 
lature. 

The  Assembly  was  adjourned  to  the  8th  of  September, 
but  no  quorum  appeared  until  the  10th,  and  no  business 
was  done  on  that  day  except  to  appoint  a  committee  to  wait 
on  the  Commander-in-Chief  and  Council,  and  inquire 
whether  there  was  any  business  with  this  house,  for  the 
King  and  Country's  service. 

September  11.  There  was  no  speech  by  the  Commander- 
in-Chief  at  the  opening  of  the  session,  but  on  this  day  the 
following  communication  was  sent  to  the  Assembly: 

"  The  first  thing  offered  to  their  consideration  is  the 
maintenance  and  defence  of  the  frontiers  at  Albany,  this 
following  winter;  which  in  their  opinion  requireth  a  more 
considerable  force  than  what  is  already  provided.1 

lAn  act,  chap.  15,  was  passed  on  the  29th  of  September,  providing  one 
hundred  and  fifty  men  for  the  defence  of  Albany. 

[23] 


24  MESSAGES  FROM  THE  GOVERNOR. 

And  that  Major  Schuyler's  late  expedition  to  Canada, 
which  hath  proved  very  successful,  hath  cost  above  eleven 
hundred  pounds,  the  accounts  whereof  shall  be  presented 
to  their  House  if  desired;  that  this  charge  is  more  than 
what  can  be  supported  by  the  present  revenue;  and  that 
they  would  consider  of  some  method  of  raising  money  for 
defraying  the  extraordinary  charges  of  the  government, 
occasioned  by  the  war." 

SPECIAL  MESSAGES. 

The  following  communications  from  the  Commander-in- 
Chief  and  Council  were  presented  to  the  Assembly: 

September  26,  28.  On  the  26th  the  Assembly  sent  a  com- 
munication to  the  Comm ander-in-Chief  and  Council  ex- 
pressing the  opinion  that  the  sins  of  the  people  had  brought 
upon  them  the  displeasure  of  Almighty  God,  which  had 
been  manifested  by  the  ' '  burthensome  war  and  a  blast 
upon  the  corn,"  and  recommending  that  a  day  "  of  fast 
and  humiliation ' '  be  observed  once  in  each  month  until 
the  following  June.  On  the  28th  the  Commander-in- Chief 
and  Council  directed  that  proclamation  throughout  the 
whole  Province  be  made,  setting  apart  the  first  Wednesday 
of  each  month  until  the  following  June,  as  a  fast  day,  and 
prohibiting  any  servile  labor  thereon. 

October  2.  The  Commander-in-Chief  adjourned  the 
Assembly  until  the  19th  of  April,  1692. 


1692.    APRIL.    FIRST  ASSEMBLY,  THIRD  SESSION. 


RICHARD  INGOLDESBY,  Commander-in-Chief. 

The  minutes  of  the  Assembly  for  this  session  are  miss- 
ing. The  Council  records  show  that  on  the  20th  of  April 
a  committee  from  the  Assembly  notified  the  Commander- 
in-Chief  and  Council  that.it  was  ready  for  business,  and 
that  a  communication  was  thereupon  sent  to  the  Assembly, 


1 

BICHABD  INGOLDESBY,  1692.  25 

relating  chiefly  to  the  defence  of  Albany,  and  that  when 
Governors  should  be  appointed  to  the  neighboring  Prov- 
inces application  would  be  made  to  them  for  assistance  in 
defending  the  northern  frontier  of  New  York.  An  act  was 
passed  at  this  session  (April  29)  providing  for  the  enlist- 
ment of  two  hundred  men  for  the  defence  of  Albany. 

April  29.  The  Commander-in-Chief  exhibited  to  the 
Assembly  letters  showing  the  necessity  of  immediate  nego- 
tiations for  the  purpose  of  preserving  friendly  relations 
with  the  Indians.  The  Assembly  recommended  that  pro- 
vision be  made  for  a  present  to  the  Indians. 

April  29.  The  Assembly  was  adjourned  to  the  16th  of 
August,  1692. 


1692.    AUGUST.    FIRST  ASSEMBLY,  FOURTH  SESSION. 

RICHARD  INGOLDESBY,  Commander-in-Chief. 
BENJAMIN  FLETCHER,  Governor. 

As  already  noted,  the  Assembly  had  been  adjourned  to 
the  16th,  but  no  quorum  appeared  until  the  next  day. 
Major  Ingoldesby,  the  Commander-in-Chief,  was  the  ex- 
ecutive head  of  the  province  during  the  first  part  of  this 
session. 

Governor  Fletcher  was  appointed  on  the  18th  of  March, 
1692.  He  arrived  in  New  York  on  the  30th  of  August,  and 
immediately  took  the  oath  and  assumed  the  duties  of  his 
office.  On  the  21st  of  October,  1692,.  he  was  also  appointed 
Governor  of  Pennsylvania,  and  held  that  office  until  Au- 
gust 20,  1694,  when  his  commission  was  revoked.  He  re- 
tired from  the  office  of  Governor  of  New  York,  April  2, 
1698,  having  spent  thirty-five  years  in  the  public  service. 

August  17.  The  Commander-in-Chief  in  the  presence  of 
both  Houses  delivered  the  following 


26  MESSAGES  FKOM  THE  GOVEENOB. 


OPENING  SPEECH. 

GENTLEMEN.—  I  did  expect  before  this  time  to  have 
met  with  the  settlement  intended  by  their  Majesties  for 
this  government,  but  that  being  not  yet  arrived  the  care 
thereof  continues  still  with  me.  I  do  therefore  acquaint 
you  that  by  the  advice  of  the  Council  I  went  to  Albany  in 
the  spring,  where  I  found  great  disorder,  the  people  dis- 
contented and  all  the  fortifications  out  of  repair;  the  In- 
dians weary  of  the  war  and  all  the  out  settlements  for- 
saken; for  remedy  whereof  I  did  reinforce  Schenectady 
with  thirty  men,  and  garrisoned  the  Half  Moon  with  forty 
men  more.  I  found  it  likewise  necessary  that  there  should 
be  a  garrison  at  Connestaguioena,  but  could  not  effect  it 
for  want  of  men,  the  two  hundred  agreed  on  by  act  of 
Assembly  falling  short  near  fifty  of  their  complement,  so 
that  place,  though  of  as  great  import  as  any,  now  wholly 
deserted ;  in  my  negotiations  with  the  Indians  I  found  them 
very  difficult  and  much  inclined  to  a  peace;  however  with 
great  industry  I  have  reclaimed  them  and  doubt  not  but 
have  made  them  firm  and  steady  to  us  until  we  have  direc- 
tions from  England,  as  you  will  perceive  by  their  proposi- 
tions now  ordered  for  your  perusal.  This  expedition  hath 
cost  near  £1000,  and  there  not  being  money  in  the  public 
coffers,  was  forced,  as  the  Council  and  you  advised,  to  raise 
the  sum  of  near  £800  at  ten  percent  interest.  I  must  there- 
fore, Gentlemen,  remind  you  of  your  promise,  and  recom- 
mend to  your  care  the  settling  of  a  fund  for  the  speedy  de- 
fraying of  this  charge,  that  our  credit  may  be  preserved; 
for  if  you  should  now  either  fail  or  be  dilatory  in  your 
promise,  it  would  prejudice  our  reputation  forever. 

GENTLEMEN. —  I  am  sorry  to  tell  you  that  the  laws  you 
have  made  for  the  security  of  the  Province  are  so  little 
regarded  by  the  people,  that  of  all  the  money  you  have 
raised  there  has  not  yet  been  paid  above  £1625,16s.,  and 
the  pay  of  the  forces  actually  employed  in  the  service  doth 


I 

EICHABD  INGOLDESBY,  1692.  27 

amount  to  £3500.  This  matter,  Gentlemen,  I  must  earnestly 
recommend  to  your  diligent  consideration,  for  it  will  be  a 
vain  thing  to  make  laws  if  they  cannot  be  effectually  exe- 
cuted. A  law  without  execution  is  like  a  body  without  a 
soul,  and  it  is  likewise  impossible  for  me  to  secure  the 
frontiers  if  there  be  no  money  to  pay  the  soldiers  you 
appoint  for  that  service.  I  have  hitherto,  with  advice  of 
the  Council,  borrowed  money  for  that  purpose  that  the 
reputation  of  the  Government  might  not  sink,  expecting 
that  the  levies  would  come  in  for  the  reimbursing  of  it; 
but  that  now  failing,  am  afraid  we  shall  not  have  the  like 
credit  for  the  future.  Therefore,  Gentlemen,  as  it  is  the 
people  that  are  defective  herein,  and  as  you  are  their 
representatives,  you  will  do  well  to  make  strict  inquiry  into 
the  Cause  of  such  neglect,  for  we  are  the  first  government 
that  ever  had  an  assembly  of  the  people  and  had  their  laws 
thus  disesteemed. 

GENTLEMEN.—  I  have  many  things  further  to  recommend 
to  your  consideration,  but  am  afraid  you  will  not  have  time 
this  session  to  accomplish  them;  I  shall  therefore  only 
confine  myself  to  that  only  necessary,  the  securing  the 
frontiers  at  Albany.1  You  are  not  insensible  that  the  levies 
you  appointed  for  that  service  expire  upon  the  first  of 
October  next,  and  how  advantageous  it  is  for  yourselves 
as  well  as  for  all  their  Majesties'  subjects  in  our  neighbor- 
ing plantations  that  that  place  should  be  well  secured.  I 
need  not  tell  you  I  am  of  opinion  that  there  must  be  at 
least  300  men  to  secure  it  this  winter.  I  hope  therefore 
you  will  take  effectual  care  to  make  such  suitable  provision 
for  the  securing  the  frontiers  that  the  seat  of  the  war  may 
continue  remote  from  us,  and  that  there  may  be  no  more 
disappointments  in  what  you  intend,  but  what  proposed  by 


1  This  suggestion  was  incorporated  in  an  act,  chapter  22,  passed  September 
10,  which  provided  for  raising  two  hundred  and  twenty  men  for  the  defence 
of  Albany. 


28  MESSAGES  FROM  THE  GOVERNOR. 

you  effectually  executed  according  to  your  intent;  the 
charge  of  the  300  men  will  amount  near  £3500. 

GENTLEMEN.—  I  must  also  mind  you  that  upon  strict 
examination  and  inquiry  the  debts  of  the  government  upon 
the  25th  of  March  past  (all  the  revenue  expended)  do 
amount  to  £3000. 

GENTLEMEN. —  I  have  found  you  always  ready  to  join 
with  me  in  things  needful  for  their  Majesties'  service,  so 
that  I  hope  I  shall  not  need  to  use  any  arguments  to  per- 
suade you  to  provide  for  those  sums  and  despatch  those 
matters  so  necessary  for  your  own  preservation. 

SPECIAL  MESSAGES. 

August  30.  Benjamin  Fletcher  takes  the  oath  as  Gov- 
ernor, and  assumes  the  duties  of  his  office. 

September  1.  Urging  immediate  action  relative  to  the 
defence  of  Albany  and  the  northern  frontier.  Eecommend- 
ing  that  an  effort  be  made  to  find  a  suitable  remedy  for 
the  ' '  decay  of  trade  and  the  poverty  of  the  people, ' '  and 
protesting  against  the  continuance  of  loans  at  ten  per  cent 
interest.  (As  to  Albany,  see  note  1.) 

September  2.  Governor  Sloughter's  death  had  sug- 
gested a  question  as  to  the  status  of  the  Assembly,  which 
was  chosen  under  writs  of  election  issued  by  him.  On  this 
day  Governor  Fletcher  sent  a  communication  to  the  Assem- 
bly, in  which  he  said  ' '  he  understood  some  scruple  was 
moved  in  the  House  of  Representatives,  whither  or  not, 
the  Assembly  being  called  by  the  late  Governor  Sloughter, 
were  a  lawful  Assembly,  and  that  their  debates  thereupon 
did  impede  their  dispatch  of  other  affairs  that  required 
present  expedition  for  their  Majesties'  service,  whereupon 
it  is  resolved,  nemine  contradicente,  That  being  continued 
by  several  adjournments  until  this  time,  they  are  a  lawful 
Assembly ; 

Ordered,  that  Chidley  Brook,  Esq.,  do  attend  the  House 
of  Representatives  to  acquaint  them  thereof,  that  there 
may  be  no  loss  of  time  in  their  Majesties'  affairs." 


BENJAMIN  FLETCHER,  1692.  29 

September  2.  Transmitting  a  proposed  act  against 
privateers  and  pirates,  "  which  was  recommended  to  him 
by  their  sacred  Majesties  in  order  to  be  enacted  by  the 
Assembly  of  this  Province. ' ' 2 

September  6.  Transmitting  the  appointment  of  a  com- 
mittee to  confer  with  a  similar  committee  from  the  Assem- 
bly concerning  an  address  to  the  Crown.  On  the  8th  of 
September  the  following  address  to  the  Crown  was  ap- 
proved, and  signed  by  the  members  of  both  Houses : 

"  To  the  King  and  Queen's  Most  Excellent  Majesties: 

Your  Majesties  most  faithful,  humble,  and  obedient  Sub- 
jects, your  Council  and  the  Representatives  for  your  Maj- 
esties' Province  of  New  York,  now  met  in  General  Assem- 
bly, being  deeply  sensible  of  your  Majesties  great  grace 
and  favor,  in  conferring  the  command  of  this  your  Province 
upon  his  Excellency  Colonel  Benjamin  Fletcher,  your  Maj- 
esties' Captain  General  and  Governor  of  these  Parts;  by 
whose  Conduct,  Prudence,  and  other  requisite  Abilities,  we 
have  entire  Confidence  and  firm  Belief  that  this  your  Maj- 
esties '  province  will  be  happily  governed,  and  your  Majes- 
ties'  Affairs  well  and  faithfully  administered.  As  also  be- 
ing heartily  affected  with  your  Majesties'  princely  and 
gracious  Care,  in  sending  over  such  Ammunition,  Arms, 
and  other  Stores  of  War,  fit  for  the  Defence  of  your  Majes- 
ties' Subjects  here;  do  therefore,  with  most  grateful  Hearts 
for  these  your  royal  Benefits,  tender  your  Majesties  our 
most  humble  and  cordial  Thanks  and  Acknowledgments 
for  the  same ;  and  with  all  dutiful  Submission  offer  to  your 
Majesties  royal  Consideration, 

That  when  these  Countries  were  possessed  by  the  Dutch 
West  India  Company,  they  always  laid  Pretences  (and  had 
the  most  Part  of  it  within  their  actual  Jurisdiction)  to  all 
that  Tract  of  Land  (with  the  Islands  adjacent)  extending 
from  the  West  Side  of  Connecticut  River,  to  the  Lands 
lying  on  the  West  Side  of  Delaware  Bay,  as  a  suitable  Por- 
tion of  Land  for  one  Colony  or  Government;  all  which,  in- 

2  An  act,  chapter  21,  was  passed  on  the  10th  of  September,  against  privateers 
and  pirates,  and  making  a  violation  of  the  act  a  felony  punishable  with  death 
without  benefit  of  clergy. 


30  MESSAGES  PROM  THE  GOVERNOR. 

eluding  the  Lands  on  the  West  of  Delaware  Bay  or  Eiver, 
were  in  the  Duke  of  York's  Grant,  from  his  Majesty  King 
Charles  the  Second ;  whose  Governors  also  possessed  those 
Lands  on  the  West  Side  of  Delaware  Bay  or  River;  that 
by  several  Grants,  as  well  from  the  Crown  as  from  the 
Duke,  the  said  Province  has  been  so  diminished  that  it  is 
now  decreased  to  a  very  few  Towns  and  Villages;  and  the 
number  of  Men  fit  to  bear  Arms  in  the  whole  Government 
not  amounting  to  3000,  who  are  all  reduced  to  great  Pov- 
erty and  Necessity.  That  by  Reason  of  the  near  Situation 
of  the  neighboring  Colonies,  contiguous  and  adjacent  to 
New  York,  and  their  being  without  all  Government  from 
the  Crown,  free  from  all  Impositions,  Taxes,  Charges  of 
Government  whatsoever,  or  Contributions  towards  the  Ex- 
pense of  this  War,  the  People  of  this  Province  do  forsake 
their  Dwellings  here,  and  settle  in  the  other  Colonies, 
whereby  the  Strength  of  this  Province  is  enervated,  its 
Trade  decayed,  Revenues  lessened,  and  upon  all  Levies  of 
Men  for  the  Common  Defence,  our  Neighbors  harboring  all 
Deserters,  we  are  thereby  wholly  bereft  both  of  those  Men 
and  that  Money  which  the  War  we  are  engaged  in  with  the 
French  and  their  Indians  continually  requires.  That  the 
Security  of  Albany  (being  a  Place  to  which  the  Five  most 
warlike  Nations  of  Indians  upon  this  Main  of  America 
have  always  traded  and  had  Resort)  is  of  such  Conse- 
quence, that  the  Safety  of  Virginia,  Maryland,  and  the 
Rest  of  your  Majesties'  Colonies  on  this  Main  depend  much 
upon  it ;  that  the  French  with  their  Jesuits  and  other  Priests, 
by  Pretext  of  Religion,  fair  Words,  Presents,  Threats,  and 
all  other  Practices  and  Artifices,  have  long  endeavored, 
and  still  do  strive  to  corrupt  those  Indians  in  their  Inclina- 
tions to  the  English,  and  to  get  them  to  Side  with  our  Ene- 
mies against  us.  If  Albany  should  be  left  (which  God  pre- 
vent) those  Indians  have  no  Place  for  their  Commerce  and 
Supply  of  Arms,  Ammunition,  and  Clothing,  but  Canada; 
so  that  pressed  by  their  Want  they  would  be  forced  to  leave 
us,  go  over  to  the  Enemy,  and  turn  their  Arms  upon  the 
English;  who  being  for  the  most  Part  settled  singly  in 
Plantations,  would  be  wholly  left  to  the  Spoil  of  a  vagrant, 
barbarous,  and  merciless  Enemy;  who  by  Reason  of  their 
Poverty,  vast  Lakes,  Wilderness,  Swamps  and  Inaccessable 
Mountains,  by  an  Army  of  Ten  Thousand  Men,  in  many 
Years,  can  neither  be  extirpated  nor  reduced  to  Obedience. 


31 

That  the  Defence  of  Albany  lying  wholly  upon  this  small 
poor  Province,  has  so  exhausted  it,  that  without  your  Ma- 
jesties' royal  Commiseration  and  Relief,  it  will  absolutely 
sink  under  its  burthen,  and  its  Inhabitants  must  either  be 
ruined,  or  forced  to  leave  their  Habitations. 

This  being  the  true  State  and  Condition  of  this  your 
Majesties'  Province,  we  cannot  but  esteem  it  our  Duties, 
humbly  to  acquaint  your  Majesties  with  the  same,  and 
earnestly  to  pray  that  your  Majesties  will  graciously  be 
pleased,  either  by  sending  us  a  sufficient  force  and  sup- 
plies from  England,  or  by  your  Majesties  special  and  direct 
orders  to  the  several  adjacent  Colonies,  to  assist  us  in  the 
defence  of  this  important  Place,  or  by  such  other  Means 
as  your  Majesties  in  your  most  princely  "Wisdom,  shall 
think  fit  to  redress  this  the  distressed  Province,  and  render 
us  capable  of  defending  ourselves  from  our  Enemies,  and 
supporting  your  Majesties'  Government  and  Interest  in 
this  Country. 

And  that  the  Almighty  God  will  protect  your  Majesties' 
Eoyal  Persons,  defeat  all  your  Eenemies '  Designs,  and  con- 
tinue Success  to  your  Majesties'  Arms,  both  by  Land  and 
Sea;  prosper  all  your  royal  Undertakings,  and  forever 
crown  you  with  immortal  Blessings,  is  and  always  will  be 
our  constant  "Wishes  and  Prayer." 

September  10.  The  Governor  prorogued  the  Assembly 
to  the  14th  of  September,  but  on  the  13th  issued  a  procla- 
mation dissolving  it. 


1692.    OCTOBER.    SECOND  ASSEMBLY,  FIRST  SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  writs  of  election  for  this  Assembly  were  returnable 
October  24.  There  is  no  record  of  the  proceedings  of  the 
Assembly  until  the  8th  of  November.  The  Council  minutes 
show  that  on  the  26th  of  October  the  Governor  in  the 
presence  of  both  Houses  delivered  the  following 


32  MESSAGES  FROM  THE  GOVERNOR. 


OPENING  SPEECH. 

BENJAMIN  FLETCHER,  CAPTAIN-GENERAL  AND  GOVERNOR-IN- 
CHIEF  OF  THE  PROVINCE  OF  NEW  YORK  AND  THE  TERRITORIES 
DEPENDING  THEREON  IN  AMERICA,  AND  VICE-ADMIRAL  OF  THE 
SAME. 

To  the  Representatives  assembled  together  for  thai 
Province  at  the  City  of  New  York,  October  the  24th, 
1692: 

GENTLEMEN. — You  are  convened  here  by  their  Majesties' 
writ  to  consult  and  advise  of  such  proper  methods  as  may 
be  effectual  for  their  Majesties '  service  in  the  common  de- 
fence of  this  Province,  in  which  the  security  of  your  own 
persons  and  property  being  equally  concerned,  I  shall  need 
but  few  arguments  to  prevail  upon  you  in  a  speedy  despatch 
of  those  things  which  may  conduce  to  both  the  season  of 
the  year  and  your  own  desires  of  spending  the  sharpness 
of  the  winter  with  your  families,  I  hope  I  will  quicken  you 
to  a  despatch  of  such  things  as  are  laid  before  you. 

And  first:  That  we  may  the  better  hope  for  a  blessing 
from  Almighty  God,  I  recommend  to  your  care  that  pro- 
vision be  made  for  the  support  and  encouragement  of  an 
able  ministry,  and  for  the  strict  and  due  observation  of  the 
Lord's  day.1 

In  the  next  place,  I  desire  you  will  look  into  the  debts  of 
the  government  and  consider  of  a  fund  for  the  payment  of 
them,  which  being  done  I  shall  take  care  to  prevent  any 
future  incumbrance  during  my  administration.2 

The  necessary  support  of  the  government  I  recommend 
to  your  thoughts  in  this  time  of  war,  none  of  you  being 
ignorant  that  the  Indians  in  our  alliance  must  be  supplied 
with  arms,  ammunition  and  other  presents. 


1  An  act  providing  for  ministers  in  certain  counties  was   passed  in   1G93, 
chap.  30. 

2  An  act,  chap.  29a,  passed  November  11,  was  intended  to  provide  revenues 
to  pay  the  debts  ol  the  Province  within  two  years. 


BENJAMIN  FLETCHER,  1692.  33 

I  have  visited  the  frontiers  and  put  them  into  some 
posture  of  defence  for  this  present  winter,  and  am  required 
by  their  Majesties  to  build  forts  at  Albany,  Schenectady 
and  such  other  places  as  I  shall  see  convenient,  which  being 
once  well  done  will  ease  the  annual  charge  of  posting 
militia  there. 

I  am  informed  that  the  revenue  settled  upon  their 
present  Majesties  determines  in  April  next ;  I  hope  you  will 
not  be  wanting  in  the  expression  of  your  loyalty  and  affec- 
tion to  their  Majesties,  who  are  of  the  same  religion  with 
ourselves,  but  rather  outdo  what  former  assemblies  have 
done.3 

The  settlement  of  our  courts  of  judicature  with  the 
salaries  of  the  judges  do  also  shortly  expire;  justice  and 
the  due  administration  of  the  laws  t  is  the  life  of  govern- 
ment ;  you  will  consider  the  continuation  of  that  act  in  rela- 
tion to  courts  of  justice,  with  a  proper  support  for  the 
judges  as  an  advantage  to  yourselves,  and  also  the  sub- 
jects of  this  Province.4 

I  will  not  question  your  true  zeal  ^for  their  Majesties* 
service  and  your  own  welfare;  I  cannot  think  of  more 
effectual  ways  to  answer  both  those  ends  than  by  unity 
and  concord  among  us,  burying  all  heats  and  animosities  in 
the  grave  of  oblivion.  And  if  you  can  think  of  any  act  by 
which  your  properties  and  liberties  may  be  better  secured, 
you  shall  find  a  ready  concurrence  in  me  for  your  satisfac- 
tion and  the  public  good  in  which  I  shall  never  mix  my  own 
private  interest.  And  so,  Gentlemen,  I  wish  a  happy  agree- 
ment amongst  you  for  their  Majesties'  service,  your  own 
prosperity  and  the  common  safety. 

BENJ:  FLETCHER. 


3  A  general  act  was  passed  November  11,  chap.  24,  "establishing  a  revenue 
upon  their  Majesties  for  the  defraying  the  public  and  necessary  charges  of 
the  government." 

*  The  judicial  system  was  continued  by  an  act,  chap.  28,  passed  November 
llth,  which  waa  substantially  a  re-enactment  of  existing  judiciary  laws. 


34  MESSAGES  FROM  THE  Go  VEEN  OR. 


SPECIAL  MESSAGES. 

October  26.  Recommending  additional  legislation  for 
the  relief  of  Albany. 

October  29.  Recommending  the  ^  establishment  of  a  post- 
office.5 

October  29.  Recommending  legislation  for  the  purpose 
of  liquidating  the  debts  of  the  province  amounting  to  seven 
thousand  eight  hundred  and  ninety  pounds,  eighteen  shill- 
ings and  one  and  one-half  pence,  and  also  providing  for  a 
"  scheme  of  the  annual  charge  "  of  the  government.  (See 
Note  2.) 

November  12.  Transmitting  a  communication  in  rela- 
tion to  official  fees. 

November  14.  The  Assembly  was  adjourned  to  the  20th 
of  March,  1693. 


1693.    MARCH.    SECOND  ASSEMBLY,  SECOND   SESSION. 


BENJAMIN  FLETCHER,  Governor. 

On  the  22d  of  March,  Governor  Fletcher  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN.—  I  am  glad  to  meet  you  again  here  for 
their  Majesties'  and  the  country's  service. 

I  remember  that  in  the  last  sessions  of  the  Assembly  I 
did  recommend  to  you  the  settling  of  a  ministry  in  this 


B  An  act,  chap.  25,  passed  November  1 1th,  established  a  post-office  In  the 
Province.  The  preamble  recited  that  Thomas  Neal  had  received  from  the 
home  government  letters  patent  authorizing  him  to  "  erect,  settle  and  estab- 
lish "  post-offices  in  the  chief  parts  of  the  American  colonies,  and  that  Andrew 
Hamilton  had  been  appointed  postmaster-general  of  the  colonies.  The  act 
authorized  the  establishment  of  a  "  general  letter  office  "  in  the  city  of  New 
York,  provided  for  the  transportation  of  mail,  and  fixed  the  rates  of  postage. 


I 

BENJAMIN  FLETCHEII,  1693.  35 

province,  that  the  worship  of  God  may  flourish  amongst 
us,  without  which  we  cannot  but  expect  a  judgment  to 
follow  us  and  all  our  undertakings;  I  do  not  understand 
that  you  have  made  one  step  towards  it;  therefore  recom- 
mend it  to  your  particular  care  this  sessions.1 

GENTLEMEN.—  I  need  not  to  tell  you  that  the  French  of 
Canada,  and  their  Indians,  have  made  a  late  attempt  upon 
our  frontiers  and  of  the  victory  we  have  obtained  over 
them.  Some  of  you  have  been  in  the  service  whose  courage 
and  behavior  is  to  be  commended.  I  was  well  pleased  to 
see  the  forwardness  of  every  one  to  that  action,  and  am 
sorry  that  the  enemy  have  got  so  well  away.  I  am  informed 
that  the  charge  of  that  expedition  will  amount  to  £600, 
which  I  lay  before  you  to  provide  a  fund  to  defray  it. 

There  is  also  a  necessity  of  my  going  to  Albany  this 
summer,  to  preserve  that  old  alliance  between  us  and  the 
Indians  of  the  five  Nations,  or  (as  they  term  it)  to  renew 
the  old  covenant  chain.  The  charge  of  this  journey  and 
the  presents  to  be  made  to  the  Indians  will  be  £600  more, 
which  is  likewise  to  be  considered. 

GENTLEMEN. —  I  did  formerly  recommend  to  you  to  pro- 
vide for  the  building  of  a  stone  fort  at  Albany,  and  do  now 
tell  you  there  is  a  necessity  for  the  doing  thereof.  A  small 
regular  fortification  of  stone,  furnished  with  such  ordnance 
and  stores  of  war  as  their  Majesties  have  sent  hither  with 
me,  will  defend  us  and  all  their  Majesties'  provinces  and 
colonies  on  this  main.  Fewer  men  will  be  required  to 
maintain  the  frontiers,  and  be  able  to  give  a  stop  to  the 
greatest  force  Canada  can  send  against  us,  until  we  shall 
have  time  to  bring  strength  sufficient  to  beat  them,  which 
I  believe  we  shall  never  fail  of. 

If  you  can  therefore  propose  an  act  of  assembly  obliging 
all  sloops  going  up  Hudson  River  to  Albany  to  take  in 


i  This  subject  was  included  in  an  act.  chap.  36,  passed  September  22,  1693, 
which  provided  for  the  settlement  and  maintenance  of  ministers  in  certain 
counties. 


36  MESSAGES  FROM  THE  GOVERNOR. 

some  considerable  quantity  of  stones  for  ballast,  to  be  left 
at  Albany  for  that  use,  or  any  other  methods  to  ease  the 
charge  thereof,  I  shall  be  glad  of  it. 

GENTLEMEN.—  Their  Majesties  have  a  weighhouse  in  the 
city  of  New  York  which  from  time  to  time  hath  paid  a  rent 
unto  their  Majesties.  I  would  have  it  settled  upon  their 
Majesties  by  act  of  assembly.2  We  are  in  actual  war.  Our 
charges  are  daily  growing  upon  us,  we  must  therefore  let 
nothing  fail  that  can  add  to  the  revenue,  be  it  never  so 
small  or  inconsiderable. 

I  did  endeavor  the  last  sessions  to  have  the  revenues 
settled  upon  their  Majesties  for  their  lives;  but  it  was 
not  granted.  I  hope  you  have  better  considered  thereof, 
and  are  sensible  of  the  great  care  and  affection  which 
their  Majesties  have  expressed  towards  you.  They  have 
ordered  a  man  of  war  to  attend  your  coast,  sent  over  20 
pieces  of  ordnance,  small  arms  and  considerable  stores  of 
war,  and  maintain  the  two  companies  of  grenadiers  at  the 
expense  of  their  coffers  in  England ;  they  have  devoted  the 
revenue  of  the  province  wholly  to  the  support  of  the  gov- 
ernment thereof,  and  have  no  other  benefit  from  you  but 
the  bare  title. 

GENTLEMEN. —  There  is  one  small  request  to  you  which 
I  hope  will  meet  with  no  opposition,  and  that  is,  that  the 
King's  name  may  live  forever  amongst  you,  I  would  have 
a  bill  pass  for  the  calling  Long  Island  the  Island  of  Nassau.3 

GENTLEMEN.—  The  fusileers  at  Albany  are  to  be  dis- 
charged the  first  of  May,  which  draws  near,  and  we  see  by 
daily  experience  that  the  French  of  Canada,  by  means  of 
these  prisoners  that  are  amongst  our  Indians,  have  a  con- 
stant, sure  intelligence  of  all  our  steps.  Therefore,  I  do 


2  This  .subject  was  included  in  an  act,  chap.  32,  passed  April  10,  "  estab- 
lishing certain  rates  and  duties  upon  such  goods,  wares  and  merchandises  as 
shall   be   brought  unto   their    Majesties'   beam   in   the   weigh-house   at   New 
York  ". 

3  An  act,  chap.  31,  passed  April   10  changed  the  name  of  Long  Island  to 
"  Nassaw  ". 


I 

BENJAMIN  FLETCHER,  16&5.  37 

recommend  it  to  you,  to  make  such  provisions  for  the 
frontiers  that  the  detachments  shall  not  move  from  them 
until  they  be  relieved  by  others.4 

GENTLEMEN. —  I  understand  there  are  great  complaints 
amongst  the  people  that  the  taxes  and  impositions  are 
heavy,  which  I  must  confess ;  but  it  is  not  harder  with  us 
than  with  our  brethren  in  England;  nor  can  we  expect  it 
to  be  otherwise  whilst  the  war  continues.  We  must  there- 
fore bear  it  with  cheerfulness  and  patience. 

GENTLEMEN. —  I  am  now  glad  to  understand  that  the 
feuds  and  heats  that  were  amongst  the  people,  are  at  an 
end.  I  know  no  better  remedy  for  them,  nor  means  to  con- 
firm our  peace,  than  a  virtuous,  pious  life  and  conversation, 
which  I  hope  every  one  of  you  will  endeavor  in  your  several 
places  of  residences;  and  for  my  part  by  the  help  of  God 
I  shall  study  to  give  a  good  example.  These  things  are 
what  I  have  to  offer  at  present.  I  shall  be  ready  to  give 
you  any  assistance.  I  leave  them  before  you  and  beg 
your  dispatch.  So,  Gentlemen,  you  may  return  to  your 
House. 

SPECIAL  MESSAGES. 

March  23.  Recommending  the  immediate  consideration 
of  measures  for  the  relief  of  Albany.  (See  note  4.) 

April  10.  The  Governor,  after  delivering  the  following 
speech,  adjourned  the  Assembly  to  the  first  of  September, 
1693: 

GENTLEMEN.—  I  have  received  their  Majesties'  com- 
mands to  travel  into  Pennsylvania,  to  receive  that  Province 
and  New  Castle  under  my  care  and  government,  which  I 
hope  will  be  an  advantage  to  this  Province,  and  if  our  taxes 
and  duties  for  the  future  be  made  easier  thereby,  I  shall 
not  value  my  trouble.  I  find  it  therefore  needful  at  pres- 
ent, though  there  is  but  little  done,  to  adjourn  you  for 
some  time. 


4  Provision  was  made  for  the  defence  of  Albany  by  an  act,  chap.  30,  passed 
April  10,  which  appropriated  six  thousand  pounds  for  the  purpose  of  paying 
three  hundred  volunteers  and  their  officers. 


38  MESSAGES  FROM  THE  GOVERNOR. 

.  GENTLEMEN.—  The  first  thing  I  did  recommend  to  you  at 
pur  last  meeting,  was  to  provide  for  a  ministry;  and  noth- 
ing done  in  it.1  There  are  none  of  you  but  what  are  big 
with  the  privilege  of  Englishmen  and  Magna  Charta, 
which  is  your  right ;  and  the  same  law  doth  provide  for  the 
religion  of  the  Church  of  England,  against  Sabbath  break- 
ing, swearing  and  all  other  profanity.  But  as  you  have 
made  it  last,  and  postponed  it  this  sessions,  I  hope  you 
will  begin  with  it  the  next  meeting,  and  do  somewhat 
towards  it  effectually. 

GENTLEMEN. —  You  have  been  very  cheerful  in  passing 
of  the  £6000  bill  for  the  reenforcing  of  the  frontiers;  for 
which  I  return  you  thanks,  and  shall  recommend  your  care 
of  the  frontiers  to  their  Majesties.2  As  for  the  bill  to  call 
Long  Island  the  Island  of  Nassaw,  it  met  with  some  oppo- 
sition amongst  you,  but  I  believe  it  proceeded  merely  from 
ignorance;  for  the  calling  of  that  Island  by  a  new  name 
for  the  time  to  come,  can  no  ways  hurt  or  injure  any  former 
grants  or  conveyances  of  lands;  I  had  no  other  design  in 
proposing  of  it  unto  you,  than  that  we  might  put  some  mark 
of  our  respect  upon  the  best  of  Kings,  which  you  have 
granted.  I  am  also  thankful  for  that.3 

The  third  bill  which  you  have  passed,  is  for  their  Majes- 
ties '  beam  at  the  weighhouse.  I  am  a  stranger  to  the  man- 
ner of  its  being  first  established,  but  am  informed  that  it 
was  by  agreement  between  the  English  and  Dutch,  upon 
the  surrender  of  this  Province,  continued  in  force  with  all 
the  former  rules  and  duties  thereof.  I  found  it  in  the 
King's  possession  upon  my  arrival,  and  have  condescended 
that,  for  the  ease  and  benefit  of  the  merchants  and  inhabit- 
ants of  the  City  of  New  York,  you  should  regulate  the  fees 
and  duties  thereof,  as  should  seem  good ;  which  I  am  con- 
tented to  agree  unto.  But  it  seemeth  strange  to  me  that 
you  should  go  about  to  limit  it  to  two  years,  being  their 
Majesties'  property;  that  you  have  consented  to  take  off 
the  limitation,  is  so  far  well.4 

GENTLEMEN.—  Upon  my  return  from  Pennsylvania  (God 
willing),  I  shall  visit  Albany  and  the  frontiers,  so  that  we 
cannot  expect  to  meet  again  in  a  short  time.  Do  therefore 
adjourn  till  the  first  of  September  next,  and  wish  you  all 
safe  to  your  homes. 

(As  to  ministers,  see  note  1;  Albany,  note  2;  Nassau, 
note  3 ;  weighhouse,  note  4. 


,  1^93. 


BENJAMIN  FLETCHER,  1693.  39 

July  27.  The  Second  Assembly»was  dissolved,  and  writs 
of  election  for  a  new  Assembly  were  issued  returnable  Sep- 
tember 7. 


1693.     SEPTEMBER.     THIRD  ASSEMBLY,  FIRST  SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  meeting  of  the  Assembly  had  been  fixed  for  the  7th, 
but  there  was  no  quorum  until  the  llth.  On  the  12th  Gov- 
ernor Fletcher  delivered  the  following 


OPENING  SPEECH. 

ME.  SPEAKER  AND  YOU  GENTLEMEN  THE  REPRESENTATIVES 
OF  THIS  PROVINCE. —  I  observe  many  of  you  were  of  the 
former  Assembly;  your  knowledge  in  the  affairs  of  the 
government  of  this  Province  and  methods  of  Assembly  will 
shorten  what  I  have  to  say. 

I  recommended  to  the  former  Assembly  the  settling  of 
an  able  ministry,  that  the  worship  of  God  may  be  observed 
among  us,  for  I  find  that  great  and  first  duty  very  much 
neglected;  let  us  not  forget  that  there  is  a  God  that  made 
us,  who  will  protect  us  if  we  serve  him.  This  has  been 
always  the  first  thing  I  have  recommended,  yet  the  last  in 
your  consideration.  I  hope  you  are  all  satisfied  of  the  great 
necessity  and  duty  that  lies  upon  you  to  do  this  as  you  ex- 
pect His  blessing  upon  your  labors.1 


i  On  the  22d  of  September  an  act,  chap.  36,  was  passed,  to  settle  a  ministry 
and  provide  for  their  maintenance  in  the  city  of  New  York,  and  the  counties 
of  Richmond,  Westchester  and  Queens.  The  preamble  recites  that  for  want 
of  a  settled  ministry  "  profaneness  and  licentiousness "  had  overspread  the 
Province,  therefore  "  to  the  end  the  same  may  be  removed  and  the  ordinances 
of  God  daily  administered,"  it  was  enacted  that  protestant  ministers  should 
be  established  in  New  York  and  the  counties  named,  their  compensation  was 
fixed,  and  provision  was  made  for  its  payment  by  public  taxation.  Vestry- 
men and  church  wardens  were  to  be  chosen  by  the  freeholders,  who  were  to 
meet  for  that  purpose  annually  on  the  second  Tuesday  in  January. 


40  MESSAGES  FROM  THE  GOVEBNOB. 

GENTLEMEN.—  The  next  thing  I  have  to  lay  before  you 
is  the  settlement  of  their  Majesties'  revenue  in  this  Prov- 
ince.2 Their  Majesties  are  of  our  own  religion  if  we  are 
true  Protestants,  and  there  are  some  that  have  not  nor  will 
be  wanting  in  England  to  make  their  remarks  of  your  be- 
havior in  this  matter.  I  am  a  plain  man  and  have  had  my 
education  in  a  camp;  I  do  not  pretend  to  rhetoric,  nor  the 
part  of  an  orator.  I  have  seen  his  present  Majesty  expose 
his  person  for  our  religion  and  liberty  as  he  does  at  this 
day ;  it  is  inexcusable  if  we  do  not  place  some  marks  of  our 
dutiful  respect  upon  their  present  Majesties.  A  former 
assembly  of  this  Province  gave  the  same  revenue  (to  which 
there  is  not  added  one  halfpenny)  to  King  James  and 
his  heirs,  which  is  forever.  Their  Majesties  have  never 
ordered  a  farthing  of  it  to  any  other  use  than  the  support 
of  government  and  defence  of  the  Province,  and  not  only 
so,  but  have  sent  over  more  sums,  more  ammunition  and 
greater  stores  than  ever  any  King  before  them  hath  done; 
beside  the  payment  of  the  two  companies  out  of  their  own 
coffers  and  the  great  expense  in  maintaining  a  guard  ship 
for  your  defence  will  certainly  call  for  a  grateful  sense 
from  loyal  subjects.  And  for  us  to  pretend  to  settle  the 
revenue  for  two  years  only,  is  not  what  might  be  expected 
from  subjects  under  so  high  obligations.  If  we  are  true 
Protestants,  we  cannot  easily  forget  the  great  deliverance 
we  have  received  when  we  were  even  upon  the  brink  of 
popery;  besides,  their  Majesties'  examples  of  virtue  and 
piety  in  their  lives  with  the  consideration  of  this  mighty 
deliverance  should  influence  us  to  some  more  than  ordinary 
mark  of  affection  and  esteem,  and  to  settle  the  revenue 
(which  is  very  easy  to  everyone)  upon  their  Majesties  for 
lives  (which  pray  God  may  be  long  and  prosperous).  It  is 
the  least  testimony  we  can  give  them  of  our  thankfulness 


2  An  act,  chap.  34.  passed  September  22.  settled  the  royal  revenue  for  five 
years.     The  Governor  had  recommended  that  it  be  settled  for  life. 


I 

BENJAMIN  FLETCHER,  1693.  41 

for  their  care  of  the  government.  I  have  lately  received 
some  further  royal  marks  of  their  care  for  the  defence  of 
Albany,  having  ordered  a  sum  of  money  out  of  their  own 
coffers  to  that  purpose. 

GENTLEMEN.—  Let  not  opportunity  be  given  to  any  per- 
son to  asperse  you  with  that  new  coined  name  of  Jacobites, 
but  let  us  show  a  zeal  and  good  affection  for  their  Majes- 
ties and  their  government,  which  is  all  my  aim  and  shall  be 
my  endeavor. 

I  have  designed  a  platform  on  which  I  purpose  to  mount 
a  battery  for  the  defence  of  this  city,  which  is  indeed  the 
safety  of  the  Province.  I  suppose  you  have  all  heard  how 
we  have  been  lately  alarmed  with  the  noise  of  a  squadron 
of  French  ships  designed  to  attack  this  place.  I  have 
viewed  the  river  and  sounded  in  several  parts,  in  order  to 
raise  some  fortifications  to  impede  their  access  to  the  city, 
but  at  length  concluded  a  good  battery  upon  this  platform 
would  answer  the  end.  I  have,  by  their  Majesties'  favor 
unto  you,  guns  for  one  tier;  I  have  wrote  for  more,  and 
shall  be  the  better  enabled  to  ask  them  or  what  else  there 
may  be  occasion  for,  when  you  have  showed  your  respects 
to  their  Majesties  in  settling  the  revenue  upon  them  for 
their  lives. 

There  is  likewise  the  King's  Chapel  in  the  fort,  which 
being  ready  to  fall  down  to  the  danger  of  many  lives,  I 
thought  it  convenient  to  pull  it  down,  and  if  you  will  give 
something  towards  the  rebuilding  of  it,  we  will  all  join  in 
so  good  a  work.  If  his  Majesty  were  not  engaged  in  an 
expensive  war  I  should  not  doubt  to  have  orders  to  rebuild 
it  at  his  own  charge.  I  leave  these  things  before  you  for 
your  consideration,  which  consists  of  but  three  heads ;  your 
duty  to  God,  your  loyalty  and  affection  to  the  best  of 
Kings,  and  your  own  safety  and  defence. 

So,  Gentlemen,  you  may  withdraw  to  your  House.  I  pray 
God  direct  you  to  proceed  in  these  things  which  are  most 
consistent  with  conscience  and  honor. 


42  MESSAGES  FROM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

September  15.  Transmitting  a  memorial  from  Andrew 
Hamilton  in  relation  to  the  postoffice. 

September  20.  Transmitting  a  petition  from  the  free- 
holders of  Westchester  County,  complaining  of  the  inequal- 
ity of  the  taxes  assessed  upon  that  county  as  compared 
with  other  parts  of  the  Province. 

September  22.  The  Governor  in  the  presence  of  both 
Houses,  considering  the  bills  passed  at  that  session,  calls 
special  attention  to  the  recommendation  in  his  regular 
speech  relative  to  settling  the  revenues  upon  their  Majes- 
ties for  life,  and  said: 

"  I  had  no  other  end  to  ask  it  for  their  Majesties'  lives 
but  your  own  interest  and  the  benefit  of  the  Province;  I 
did  tell  you  that  the  whole  council  were  for  giving  it  for 
life,  and  you  have  so  little  to  say  against  it,  that  I  can 
attribute  it  to  nothing  less  than  stubbornness,  as  if  you 
had  agreed  to  deny  what  is  asked  you.  You  have  given  it 
for  five  years  and  I  have  passed  it.  I  wish  you  had  con- 
sidered better  your  own  interest;  but  I  shall  say  no  more 
of  it."  (See  note  2.) 

Eeferring  to  the  bill  to  settle  a  ministry,  the  Governor 
said: 

"  In  that  very  thing  you  have  shown  a  great  deal  of 
stiffness.  You  take  upon  you  as  if  you  were  dictators.  I 
sent  down  to  you  one  amendment  of  three  or  four  words  in 
that  bill,  which  though  very  immaterial,  yet  was  positively 
denied.  I  must  tell  you  it  seems  very  unmannerly;  there 
never  was  an  amendment  yet  desired  by  the  Council  board 
but  what  was  rejected;  it  is  the  sign  of  a  stubborn  ill 
temper,  and  this  I  have  also  passed.  But 

11  GENTLEMEN.— I  must  take  leave  to  tell  you,  if  you 
seem  to  understand  by  these  words  (calling  the  minister) 
that  none  can  serve  without  your  collation  or  establish- 
ment, you  are  far  mistaken;  for  I  have  the  power  of  collat- 
ing or  suspending  any  minister  in  my  government  by  their 
Majesties'  letters  patents;  and  whilst  I  stay  in  the  govern- 
ment, I  will  take  care  that  neither  heresy,  sedition,  schism. 


I 

BENJAMIN  FLETCHER,  1694.  43 

nor  rebellion  be  preached  amongst  you,  nor  vice  and  pro- 
fanity encouraged.  It  is  my  endeavor  to  lead  a  virtuous 
and  pious  life  amongst  you,  and  to  give  a  good  example. 
I  wish  you  all  to  do  the  same.  You  ought  to  consider  that 
you  have  but  a  third  share  in  the  legislative  power  of  the 
government,  and  ought  not  to  take  all  upon  you  nor  be  so 
peremptory;  you  ought  to  let  the  Council  have  a  share; 
they  are  in  the  nature  of  the  House  of  Lords  or  Upper 
House ;  but  you  seem  to  take  the  whole  power  in  your  own 
hands  and  set  up  for  everything.  You  have  sat  a  long 
time  to  little  purpose,  and  have  been  a  great  charge  to  the 
country;  ten  shillings  a  day  is  a  large  allowance  and  you 
punctually  exact  it.  You  have  been  always  forward  enough 
to  pull  down  the  fees  of  other  ministers  in  the  Govern- 
ment. Why  did  not  you  think  it  expedient  to  correct  your 
own  to  a  more  moderate  allowance? 

'  *  GENTLEMEN. —  I  shall  say  no  more  at  present,  but  that 
you  withdraw  to  your  private  affairs  in  the  country.  I  do 
prorogue  you  to  the  10th  of  January  next." 

November  16,  1693.  The  Third  Assembly  was  dissolved, 
and  on  the  30th  of  November  following  writs  of  election 
were  issued  for  a  new  Assembly. 


1694.     MARCH.    FOURTH    ASSEMBLY,   FIRST   SESSION. 


BENJAMIN  FLETCHER,  Governor. 

No  quorum  appeared  on  the  first  of  March.  On  the  3d, 
the  Governor  delivered  a  speech,  but  the  records  do  not 
contain  a  copy  of  it.  A  summary  of  the  speech  in  the  Coun- 
cil Minutes  states  that  the  Governor  "  recommended  to 
their  care  and  consideration  the  reinforcement  of  Albany 
and  the  frontiers  from  the  first  of  May  next  at  least  for 
one  year,  and  with  as  many  fusileers  as  have  been  there 
this  last  year. 

That  it  would  be  a  great  encouragement  as  well  to  the 
Inhabitants  of  Albany  as  to  the  fusileers  to  be  paid  weekly 


44  MESSAGES  FROM  THE  GOVERNOR. 

or  every  fortnight  in  money,  that  therefore  they  consider 
of  raising  a  present  fund  to  that  purpose,  the  dilatory 
coming  in  of  the  taxes  putting  a,  necessity  upon  the  soldiers 
to  take  up  such  things  as  they  want  upon  the  credit  of  their 
pay  at  great  disadvantages  from  one  person.1 

That  the  Indians  are  staggering  and  will  want  great 
encouragement  by  presents  if  possible  to  keep  them  from 
joining  with  our  enemy  against  us.2 

That  the  charges  of  the  government,  being  time  of  actual 
war,  are  still  great  and  therefore  will  be  a  necessity  of 
continuing  of  the  additional  duty  raised  to  pay  the  debts 
of  the  government  during  the  continuation  of  the  war. 

That  they  will  consider  the  fort  is  much  out  of  repair, 
the  chapel  pulled  down  to  prevent  its  falling,  to  provide  for 
the  rebuilding  of  it. 

That  they  will  think  of  repairing  the  fortifications  and 
the  making  a  platform  and  battery  as  his  Excellency  did 
project  it  to  defend  the  city,  which  is  the  key  of  the  Prov- 
ince, from  attempts  by  water. 

And  desired  them,  to  consider  that  the  neighboring 
colonies  are  under  great  taxes  as  well  as  themselves,  and 
they  are  not  to  despond  because  of  the  burden  of  the  war, 
there  being  no  subjects  in  Europe  under  so  light  burden 
and  small  payments  at  this  very  day  as  this  Province;  so 
bid  them  withdraw  to  their  house." 

SPECIAL  MESSAGES. 

March  19.  Eecommending  immediate  consideration  of 
measures  for  the  relief  of  Albany.  (See  note  1.) 

March  20.  The  Assembly  met  the  Governor  and  Council 
at  the  Fort,  and  the  Governor  there  again  urged  the  neces- 


1  An  act,  chap.  39,  was  passed  on  the  26th  of  Mardh  providing  for  raising 
one  hundred  and  seventy  men  for  the  defence  of  Albany. 

2  This  subject  was  included  in  an  act,  chap.  37,  passed  March  26,  continuing 
for  one  year  an  act  authorizing  the  expenditure  of  six  hundred  pounds  for 
the  public  defence,  and  for  making  a  present  to  the  Indians. 


I 

BENJAMIN  FLETCHER,  1694.  45 

sity  of  immediate  action  relative  to  the  defence  of  Albany. 
(See  note  1.) 

March  21.  Urging  the  Assembly  to  provide  for  at  least 
one  hundred  and  seventy  men  for  the  defence  of  Albany, 
to  which  would  be  added  thirty  men  f pom  New  Jersey,  and 
that  provision  should  also  be  made  for  presents  to  the  In- 
dians, "  without  which  (if  at  all)  their  stability  and  friend- 
ship to  this  Province  is  not  to  be  thought  of."  (As  to 
Albany,  see  note  1;  Indians,  see  note  2.) 

March  22.  The  Assembly  met  with  the  Governor  and 
Council  at  the  Fort.  Referring  to  the  situation  at  Albany, 
the  Governor  said : 

1 '  I  find  you  are  about  to  frame  a  bill  for  the  weakening 
of  the  garrison  at  Albany,  which  I  declare  I  can  never 
assent  to,  unless  you  can  demonstrate  that  either  the  enemy 
are  grown  weaker  or  we  stronger. 

"  The  same  Letters  Patent  that  gives  you  authority  to 
sit  in  Assembly,  make  me  Captain-General  of  this  Province, 
and  you  must  allow  me  to  be  a  competent  judge  what  num- 
ber of  forces  are  needful  to  secure  the  frontiers ;  it  is  your 
business  to  provide  a  subsidy  for  them.  I  can  command 
the  whole  militia  of  the  Province,  and  am  ready  to  head 
them  upon  occasion.  I  am  bound  in  honor  and  duty  to  their 
Majesties  to  expose  my  life  for  your  defence,  but  if  you 
deny  subsidy  to  a  sufficient  force  upon  the  frontiers,  you 
tie  my  hands  and  fetter  me. 

* '  If  you  are  minded  to  give  up  the  country  to  the  enemy 
by  weakening  that  garrison  which  is  the  key  thereof,  I 
wash  my  hands  of  all  the  evil  consequences  to  follow  there- 
upon, and  for  this  end  I  sent  for  you ;  if  you  will  not  help 
yourselves  I  can  do  nothing.  It  is  a  foolish  argument 
which  I  am  informed  some  of  you  have  used,  because  your 
neighbors  will  not  assist  you  to  quench  your  house  on  fire, 
you  will  not  endeavor  it  by  the  children  and  servants  of 
your  own  family.  It  is  true  I  have  received  a  commission 
for  the  command  of  the  militia  of  Connecticut,  but  they 
refuse  to  obey  it.  I  have  another  commission  for  the  gov- 
ernment of  Pennsylvania,  but  you  must  first  convert  them 
before  they  will  either  be  concerned  in  the  shedding  of 


46  MESSAGES  FROM  THE  GOVERNOR. 

blood  or  contribute  aid  to  such  as  do  it.  I  can  do  no  more 
but  lay  this  before  you.  Consider  if  it  be  sufficient  to 
suffer  our  own  ruin  because  our  neighbors  will  not  assist  us. 

"  There  is  likewise  a  necessity  for  my  going  to  Albany 
to  meet  the  Indians,  and  desire  you  will  provide  a  fund  for 
presents  to  them.  I  profess  I  should  be  ashamed  to  see 
them  with  less  forces  there  or  with  an  empty  hand,  unless 
it  were  to  take  leave  of  them  for  good  and  all,  and  that  it 
were  intended  they  shall  join  our  enemies  and  turn  their 
arms  against  us ;  therefore  lay  it  to  heart. 

"  GENTLEMEN. —  I  think  there  is  but  twenty  men  and  six 
officers  more  to  be  provided  for,  and  this  is  all  the  differ- 
ence between  us;  let  us  part  in  friendship  and  don't  be 
wanting  to  yourselves  in  so  small  a  matter." 

March  24.     The  Council  minutes  contain  the  following: 

11  His  Excellency  did  acquaint  the  Council  that  he  hath 
received  letters  from  Major  Schuyler  last  night,  giving 
advice  that  the  Indians  of  the  five  Nations  are  in  haste  to 
make  an  agreement  of  peace  with  the  French  of  Canada, 
that  there  are  other  messengers  come  from  Canada  to 
them  and  they  are  very  desirous  to  see  his  Excellency 
forthwith ; 

"  That  he  called  an  Assembly  at  Pennsylvania  who  are 
to  meet  the  10th  of  April  next,  where  he  hath  designed  to 
be  present,  and  therefore  desired  the  opinion  of  the  Council 
which  of  those  services  is  first  to  be  attended. 

' '  The  Council  are  of  opinion  and  advise  his  Excellency 
to  go  first  to  Albany  to  meet  the  Indians. 

11  It  is  also  the  opinion  of  the  Council  that  his  Excellency 
do  communicate  the  two  letters  which  he  received  last  night 
from  Albany  to  the  Assembly,  and  that  they  be  made  ac- 
quainted that  notwithstanding  his  Excellency's  intention 
to  meet  the  Assembly  of  Pennsylvania,  the  Council  think 
it  needful  and  have  advised  that  his  Excellency  go  first  to 
Albany  to  meet  the  Indians ;  that  there  is  at  least  six  hun- 
dred pounds  wanting  towards  presents  and  the  charge  of 
this  expedition  and  no  money  in  the  Treasury  to  defray  it ; 
That  therefore  they  be  desired  to  provide  a  fund  to  defray 
that  charge  either  by  the  continuation  of  the  additional 
duty  which  will  give  a  credit  to  advance  the  money  or  some 


BENJAMIN  FLETCHER,  1694.  47 

other  way  which  they  can  think  upon  is    most  convenient; 
which  was  ordered  accordingly." 

(As  to  Indians,  see  note  2.) 

The  letters  were  on  the  same  day  communicated  to  the 
Assembly. 

March  26.  Announcing  his  action  on  the  bills  passed  at 
the  session,  and  proroguing  the  Assembly  to  the  25th  of 
September  following. 


1694.     SEPTEMBER.    FOURTH  ASSEMBLY,  SECOND  SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  Assembly  had  been  adjourned  to  the  25th  of  Sep- 
tember, but  bad  weather  prevented  the  meeting  of  a  suffi- 
cient number  to  form  a  quorum.  The  session  was  continued 
several  days  by  prorogation,  and  on  the  6th  of  October, 
according  to  the  Council  Minutes  (the  Assembly  Journal 
says  the  5th),  the  Governor  delivered  the  following 

OPENING  SPEECH. 

MR.  SPEAKER  AND  YOU  GENTLEMEN  THE  REPRESENTATIVES 
OF  THIS  PROVINCE. — As  we  parted  in  friendship  and  a  good 
understanding  the  last  sessions,  in  our  endeavors  for  their 
Majesties'  service  and  the  country,  so  I  hope  we  are  now 
met  again  with  the  same  resolutions  to  give  our  joint 
assistance. 

The  first  thing  I  thought  to  acquaint  you  with,  is  my 
transactions  with  the  Indians  at  Albany  since  I  saw  you 
last;  but  I  refer  it  to  these  of  the  house  who  were  witnesses 
to  all  that  passed. 

The  peace  they  have  made  with  Canada  will  lay  us  more 
open  to  the  enemy's  designs  and  it  is  needful  we  be  more 
watchfull  against  them. 


48  MESSAGES  FROM  THE  GOVERNOR. 

I  recommend  to  your  care  the  usual  supplies  for  Albany 
and  the  frontiers  during  the  winter,  which  is  reckoned  the 
time  of  greatest  danger.1 

I  must  also  tell  you  that  I  find  the  ill  effects  of  that 
husbandry  we  fell  upon  the  last  sessions,  in  abating  four 
pence  from  the  men's  pay.  The  hire  of  the  laborer  and 
everything  else  in  this  country  is  dear,  and  we  cannot  get 
men  to  serve  for  eight  pence;  two  pence  half  penny  will 
not  give  them  shoes  to  their  feet;  the  rest  goes  for  their 
victuals;  they  run  away  in  troops  seven  at  a  time;  those 
men  we  have  from  the  Jerseys  are  paid  twelve  pence  a  day 
weekly,  which  discourages  our  men ;  the  cold  weather  comes 
on,  the  duty  is  hard,  and  they  cannot  serve  barefoot. 

GENTLEMEN. —  Their  Majesties  have  sent  us  over  ammu- 
nition and  stores  with  twenty  great  guns;  it  is  our  duty 
when  the  king  is  so  gracious  to  send  us  them  for  our  own 
defence,  not  to  let  them  lie  in  the  dirt;  the  least  we  can  do 
is  to  mount  them ;  it  will  require  money.2 

The  soldiers'  barracks  in  this  fort  were  ready  to  fall 
down  and  kill  them;  the  timber  rotten  and  the  walls 
cracked;  with  advice  of  the  Council  I  have  ordered  them 
to  be  pulled  down  and  are  now  rebuilding;  this  will  fall 
likewise  under  your  consideration. 

I  desire  you  will  appoint  a  committee  of  your  house  to 
join  a  committee  of  the  Council  to  view  the  fort  and  what 
necessary  repairs  are  wanting. 

As  for  the  money  which  you  have  raised,  I  would  have 
you  see  a  particular  account  of  the  disposition  thereof. 
Their  Majesties'  collector  and  receiver  general  will  be 
ready  on  all  occasions;  it  is  neither  sunk  into  any  private 
pocket  nor  disposed  to  any  private  use. 

1  An  act,  chap.  41,  was  passed  on  the  22d  of  October,  which  provided  for 
raising  one  hundred  men  for  the  defence  of   Albany,   on  a  service  of  four 
and  a  half  months   from   November   1.     The  act  appropriated'  five  hundred 
pounds  for  the  pay  and  maintenance  of  the  troops. 

2  An  act,  chap.  42,  passed  on  the  23d  of  October  provided  for  mounting 
sixteen  great  guns. 


I 

BENJAMIN  FLETCHEK,  1694.  49 

I  understand  the  courts  of  justice  established  by  act  of 
Assembly  are  to  determine  in  April  next.  You  know  the 
great  need  and  use  of  their  establishment  and  will  see  cause 
to  continue  them ;  so  may  withdraw  to  your  house.  I  pray 
God  direct  you.  , 

SPECIAL  MESSAGES. 

October  9.  Transmitting  a  letter  from  Sir  William 
Phipps,  "  Governor  of  Boston,"  from  which  the  Assembly 
concluded  that  no  assistance  could  be  expected  from  Boston 
for  the  securing  of  the  frontiers  at  Albany.  (See  note  1.) 

October  10.  Informing  the  Assembly  that  the  home  gov- 
ernment had  ordered  the  enlistment  of  recruits  sufficient  to 
make  the  military  force  four  hundred,  that  such  recruits 
were  expected  daily ;  and  that  it  would  be  necessary  to  pro- 
vide for  their  compensation  in  addition  to  the  sum  allowed 
in  England. 

October  11.  The  Assembly  by  invitation  attended  the 
Governor  and  Council  at  the  Fort,  at  which  time  the  Gov- 
ernor urged  immediate  and  liberal  action  concerning  the 
pay  of  troops  for  the  defence  of  the  frontier,  saying  it 
would  be  ' '  impossible  to  get  men  to  serve  at  Albany  this 
winter  for  two  pence  a  day, "  * '  or  to  keep  the  men  together 
who  are  coming  over,  when  they  are  told  there  is  no  money 
for  them  after  seven  years  service,  and  they  can  step  into 
the  neighboring  Province  and  have  better  pay."  (See 
note  1.) 

October  13.  Protesting  against  the  action  of  the  Assem- 
bly in  providing  only  eighty  men  for  the  defence  of  Albany, 
saying  that  "  in  case  the  Assembly  shall  not  think  fit  to 
give  that  reasonable  assistance  towards  the  defence  of  the 
frontiers  which  is  necessary,  his  Excellency  must  be  forced 
to  take  such  measures  for  the  maintaining  the  frontiers  this 
winter,  as  their  Majesties'  Letters  Patent  do  empower  him 
and  the  exigency  of  that  affair  shall  require." 
4 


50  MESSAGES  FROM  THE  GOVERNOR. 

The  Assembly  replied  that  if  the  Governor  would  wholly 

' 1  take  off  the  detachments  of  men  out  of  this  Province,  and 
raise  one  hundred  men  in  the  neighboring  colonies  for  the 
reenforcing  and  securing  the  frontiers  of  this  Province  at 
Albany,  for  this  winter  season,  from  the  first  of  November, 
until  the  15th  of  March  following ;  that  then  this  House  will 
raise  the  sum  of  Seven  Hundred  Pounds,  for  the  paying 
and  maintaining  the  said  One  Hundred  men;  so  that  this 
Province  may  be  eased  and  wholly  freed  from  the  detach- 
ments of  men,  a  thing  so  grievous  to  the  Province  in 
general. ' ' 

On  the  15th  the  Governor  sent  another  message  to  the 
Assembly  refusing  to  consider  its  suggestion.  (See  note  1.) 

October  17.  Governor  Fletcher  persisted  in  his  demand 
for  more  troops,  and  on  this  day  required  the  attendance 
of  the  Assembly  at  the  Fort,  where  he  said  to  them,  among 
other  things:  that  the  foregoing  answer  of  the  Assembly 
"  bears  a  very  unsuitable  return  to  the  favors  their  Majes- 
ties have  graciously  cast  upon  us  at  this  time  when  there 
are  so  many  weighty  affairs  in  hand,  and  their  expenses 
so  great."  He  said  he  had  been  unable  to  receive  assist- 
ance from  the  other  colonies  except  the  Jersey's,  that  the 
home  government  had  agreed  to  send  over  enough  men  to 
make  a  standing  force  of  four  hundred.  Those  recruits  re- 
ceived at  home  eight  pence  per  day,  but  that  sum  was  in- 
sufficient to  maintain  them  in  this  country.  He  therefore 
recommended  that  their  compensation  be  increased  to 
twelve  pence  per  day,  which  should  apply  also  to  the  men 
already  on  the  frontier.  The  Assembly  replied  that  it  was 
willing  to  provide  for  one  hundred  men  at  eight  pence  per 
day.  (See  note  1.) 

October  19.  The  Governor  and  Council  concurred  in  the 
Assembly  proposition  to  raise  one  hundred  men,  but  in- 
sisted that  they  be  paid  twelve  pence  per  day.  (See  note  1.) 

October  20.  Transmitting  a  letter  from  the  Crown  rec- 
ommending that  the  chapel  in  the  Fort  be  rebuilt.  The 


I 

BENJAMIN  FLETCHER,  1695.  51 

Assembly  suggested  that  the  chapel  be  rebuilt  by  free  con- 
tributions from  the  several  counties.3 

October  22.  Eeferring  to  the  proposition  to  rebuild  the 
chapel,  the  Governor  told  the  Assembly  that  its  advice  had 
not  been  asked  as  to  the  method  by,  which  the  Governor 
should  proceed  in  effecting  his  Majesty's  pleasure,  "but 
to  know  of  the  Assembly  what  they  will  contribute,  in  pur- 
suance of  that  letter,  towards  so  good  a  work  by  establish- 
ing some  fund  for  that  purpose, ' '  and  that ' '  the  most  loyal 
and  proper  way  for  all  their  Majesties'  subjects  freely  to 
contribute,  is  by  act  of  Assembly."  (See  note  3.) 

October  23.  The  Assembly  was  prorogued  to  the  21st 
of  March,  1695. 


1695.     MARCH.    FOURTH  ASSEMBLY,  THIRD  SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  Assembly  was  adjourned  to  the  21st  of  March;  on 
the  23d  the  Governor  delivered  the  following 


OPENING  SPEECH. 

ME.  SPEAKER  AND  YOU  GENTLEMEN  THE  REPRESENTATIVES 
OF  THIS  PROVINCE.—  I  have  often  affirmed  an  undisputable 
truth  that  my  coming  to  this  government  was  in  obedience 
to  their  Majesties'  commands,  not  my  own  choice  or  seeking. 

Nevertheless  since  my  arrival  I  have  with  all  possible 
address  applied  myself  to  effect  the  safety,  liberty,  concord 
and  ease  in  all  respects  of  their  Majesties'  subjects  under 
my  direction. 

The  burthen  of  detachments  has  been  almost  unsupport- 
able ;  a  heavy  grievance ;  this  I  have  endeavored  to  lighten 
by  supplies  from  England,  in  which  their  Majesties  have 


3  An  act.  chap.  42.  passed  on  the  23d  of  October,  appropriated  four  hun- 
dred and  fifty  pounds  to  rebuild  "  their  Majesties'  chapel  in  the  fort." 


52  MESSAGES  FROM  THE  GOVERNOR. 

been  graciously  pleased  to  favor  my  humble  desires,  and 
that  the  full  complement  is  not  yet  come  must  be  attributed 
to  that  Providence  which  all  mankind  ought  with  humility 
to  submit  to,  and  not  in  the  least  to  want  of  their  Majesties' 
gracious  condescension  to  my  solicitous  and  repeated  re- 
quests in  behalf  of  this  Province,  or  defects  of  any  fit 
application  on  my  part  to  attain  the  desired  end. 

In  disposal  of  the  money  raised  by  Act  of  Assembly  for 
defence  of  the  frontiers,  I  have  used  an  unprecedented 
caution,  plainness  and  integrity ;  not  fingering  any  farthing 
myself;  disposing  of  none  but  by  advice  and  consent  of 
Council,  and  exposing  to  your  view  and  examination,  not 
only  the  most  minute  accounts  of  the  disbursements,  but 
the  muster  rolls  also ;  which  office  of  muster  master  is  exe- 
cuted by  a  member  of  your  house,  so  that  nothing  is  hid 
from  you. 

If  this  my  care,  diligence  and  openness  had  met  with  a 
suitable  reception  and  confidence,  I  have  not  the  least  doubt 
but  this  colony  had  found  the  security  and  ease  I  intended 
and  so  earnestly  endeavored.  I  am  sorry  to  justify  myself 
by  a  necessity  imposed  on  me  of  charging  whatever  is  de- 
ficient on  the  wilfullness  or  neglect  of  others. 

I  will  not  enlarge,  especially  upon  anything  which  may 
seem  harsh  though  accompanied  with  never  so  much  truth. 

The  chief  matters  you  are  called  together  for  are  two; 
the  first  is  the  defence  of  the  frontiers  and  of  our  Indians. 
You  cannot  be  ignorant  that  money  is  wanting  to  pay  those 
garrisons,  Albany  and  Schenectady;  other  places  must  be 
fortified  upon  this  nearer  approach  of  the  French  to 
Cadaracqui. 

I  lay  before  you  the  last  accounts  from  those  parts;  if 
there  be  not  a  speedy  care  taken  for  relief  and  assistance  to 
those  Indians,  their  loss  will  prove  ours. 

The  other  matter  fit  for  your  consideration  is  the  debts 
of  the  government,  occasioned  by  the  many  unforeseen 
occurrences  and  accidents  in  this  time  of  war. 


BENJAMIN  FLETCHER,  1695.  53 

I  hope  as  I  have  not  been  wanting  in  all  points  of  good 
husbandry,  so  you  will  do  your  duty  in  enabling  their 
Majesties  to  preserve  their  rights  and  the  lives  and  prop- 
erties of  their  subjects  in  those  parts,  and  that  they  who 
have  given  faith  to  the  credit  of  the  government  upon  all 
its  emergencies,  may  be  justly  and  speedily  paid. 

Those  I  earnestly  recommend  to  you,  and  that  you  will 
give  such  dispatch  to  those  urgent  affairs  as  their  absolute 
necessity  and  the  season  of  the  year  requires. 

SPECIAL  MESSAGES. 

March  26.  Replying  to  an  inquiry  by  the  Assembly  as 
to  the  probability  of  aid  from  other  provinces  in  defending 
the  frontier,  the  Governor  said  he  knew  of  no  certain  aid 
or  assistance  that  might  be  expected  from  other  parts,  and 
therefore  desired  the  Assembly  to  raise  a  supply  for  two 
hundred  men,  for  one  year  at  twelve  pence  per  day,  and 
officers  at  their  usual  pay.  A  conference  committee  was 
appointed  for  this  purpose. 

March  27.  Replying  to  a  request  from  the  Assembly  for 
the  muster  rolls  of  the  last  two  detachments,  the  Governor 
said  the  muster  master  was  absent  on  the  frontier,  and 
therefore  the  muster  rolls  could  not  be  produced. 

April  2.  Urging  immediate  consideration  of  measures 
for  the  protection  of  the  frontier. 

April  2.  Denying  the  request  of  the  Assembly  for  an 
adjournment  of  that  body  until  the  muster  rolls  could  be 
examined. 

April  3.  Recommending  that  all  public  moneys  raised 
be  immediately  invested  in  their  Majesties  to  be  used  as 
directed  by  their  Letters  Patent,  and  estimating  that  four 
thousand  pounds  would  be  needed  for  the  defence  of  the 
frontiers.  Two  days  later  a  conference  committee  was 
appointed  to  consider  this  subject. 


54  MESSAGES  FROM  THE  GOVERNOR. 

April  9.  Vetoing  a  bill  on  which  the  Council  had  acted 
adversely,  providing  for  the  supplies  for  the  frontier. 
The  Governor  says  the  bill  contains  "  several  matters  in- 
consistent with  truth,  the  trust  by  their  Majesties  reposed 
in  me,  and  the  end  for  which  it  is  mentioned  to  be  made." 
"  I  will  not  detach  a  man,  and  yet  by  God's  assistance  will 
secure  the  frontiers ;  but  if  by  your  distrust  and  tenacity  in 
withholding  just  and  reasonable  supplies,  I  am  necessitated 
to  burthen  the  Province  by  drawing  such  part  of  its  militia 
to  guard  the  frontiers  as  I  shall  judge  requisite,  the  griev- 
ance apparently  lies  at  your  door,  and  cannot,  without  the 
highest  abuse  to  truth,  be  imposed  on  me." 

April  10.  Kepeating  in  part  the  reasons  given  in  his 
veto  message,  the  Governor  again  urges  the  adoption  of 
adequate  measures  for  the  defence  of  the  frontier.  In  an- 
other message,  the  same  day,  the  Governor  urged  "  the 
approaching  necessity  for  the  relief  of  those  few  forces, 
now  on  the  frontiers,  which  will  break  or  desert  the  first 
of  the  next  month, ' '  and  said :  * '  The  ill  consequences  of 
blood,  devastation  or  mischiefs  which  may  happen,  I  wash 
my  hands  of,  and  it  must  be  justly  laid  at  your  doors,  if 
you  will  not  contribute  to  your  own  securities.  I  shall  ex- 
pect you  to  be  witnesses  of  my  endeavors,  and  appeal  to 
the  King  as  the  only  judge  of  your  actions  and  mine  in  this 
great  affair,  your  own  safety,  and  his  Majesty's  service." 

April  12.    The  Council  records  contain  the  following : 

"  The  Speaker  and  the  whole  house  being  present  in 
Council  Chamber,  His  Excellency  did  acquaint  them  that 
he  hath  sent  for  them  to  use  his  utmost  endeavors  to  re- 
move those  misunderstandings  which  seem  to  be  among 
them,  having  found  a  sort  of  stagnation  upon  all  business ; 
then  passing  along  the  passages  of  the  Assembly  since  the 
last  meeting,  did  use  many  pregnant  and  persuasive  argur 
ments  for  their  proceeding  to  consider  of  the  safety  and 
ease  of  the  Province,  and  to  leave  fruitless  and  causeless 
contention  and  jangling;  after  which  remanded  them  to 
x,heir  house." 


BENJAMIN  FLETCHER,  1695.  55 

April  13.  On  the  12th,  the  Assembly,  acting  on  a  peti- 
tion by  Church  wardens  and  vestrymen  in  the  city  of  New 
York,  expressed  the  opinion  that  ' '  the  vestrymen  and 
church  wardens  have  power  to  call  a  dissenting  protestant 
minister;  and  that  he  is  to  be  paid  and  maintained  accord- 
ing as  the  act  directs."  The  next  day  the  Governor  com- 
manded the  attendance  of  the  Assembly  in  the  Council 
Chamber,  and  at  this  meeting  considered  the  action  of  the 
Assembly  relative  to  dissenting  ministers.  The  Governor 
said  there  was  no  church  except  the  Church  of  England 
that  admitted  of  church  wardens  and  vestrymen,  and  that 
it  was  out  of  the  province  of  the  Assembly  to  explain  an 
act  they  did  not  make ;  ' '  the  laws  are  to  be  interpreted  by 
the  judges." 

April  13.  At  the  same  meeting  the  Governor  reproved 
the  Assembly  as  follows : 

1  i  I  am  now  sorry  to  tell  you  you  have  sit  a  long  time  to 
oppress  and  burden  the  country,  at  the  charge  of  ten  pound 
a  day,  besides  other  contingencies,  and  have  had  no  regard 
to  their  Majesties'  service  nor  the  safety  of  the  Province. 
The  whole  time  is  spent  rather  in  contention  for  superi- 
ority, right  of  government,  and  who  shall  command;  for 
that  supply  which  you  pretend  you  would  give,  is  no  supply 
at  all  —  if  a  man  give  me  one  thousand  pound  and  oblige 
me  to  pay  two  thousand,  he  gives  me  nothing. 

' l  You  now  desire  license  to  print  the  votes.  Mr.  Speaker 
knows  at  the  opening  of  the  sessions,  if  I  may  call  it  one, 
I  told  him  they  might  be  printed  de  die  in  diem;  but  it  never 
was  asked  before. ' ' 

He  said  he  had  done  all  he  could  to  lighten  the  burdens 
of  the  Province,  that  the  members  of  the  Council  had  an 
interest  in  the  Province  as  great  as  that  of  the  Assembly, 
contributed  as  much  for  its  support,  and  were  entitled  to 
the  confidence  of  the  Assembly.  Kef  erring  to  the  apparent 
determination  of  the  Assembly  not  to  raise  sufficient  sup- 
plies, the  Governor  said  he  had  decided  to  prorogue  that 
body,  and  it  was  accordingly  prorogued  to  April  23. 

No  acts  were  passed  at  this  session. 


56  MESSAGES  FROM  THE  GOVERNOR. 

April  22.  Governor  Fletcher  dissolved  the  Assembly  on 
the  ground  that  it  had  failed  to  make  needed  appropria- 
tions for  the  defence  of  the  frontiers. 


1005.     JUNE.     FIFTH  ASSEMBLY,  FIRST  SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  Assembly  met  on  the  20th  of  June.  The  next  day 
the  Governor  made  a  short  speech,  but  the  journals  do  not 
give  it  in  full.  The  following  abstract  appears  in  the  Coun- 
cil minutes : 

"  Then  recommended  to  them  their  own  ease  and  safety 
in  securing  the  frontiers,  the  quota  assigned  by  her 
Majesty  to  this  Province  of  two  hundred  men  for  a  joint 
force  of  all  the  neighboring  colonies  to  be  upon  the 
frontiers,  and  an  encouragement  to  the  forces  lately  come 
over;1  and  to  consider  of  the  circumstance  of  the  Province 
with  relation  to  the  late  intelligence  come  from  Albany  and 
the  Lords  of  the  Admiralty  by  way  of  Maryland." 

SPECIAL  MESSAGES. 

July  4.  The  Assembly  and  Council  held  a  joint  meeting 
at  which  the  Governor  announced  his  approval  of  five  bills 
and  his  rejection  of  two  others,  one  relating  to  deserters, 
and  another  containing  a  compliment  of  five  hundred 
pounds  to  himself,  for  which  the  Governor  expressed  his 
thanks,  but  he  thought  it  not  consistent  with  his  honor  to 
pass  the  bill.  He  told  them  ' '  he  was  glad  to  see  they  had 
done  their  business  quietly  without  noise,  and  much  ex- 
pense of  time,  and  hoped  they  would  prove  a  healing  assem- 
bly." The  Assembly  was  then  adjourned  to  the  first  of 
October. 


i  An  act,  chap.  43,  was  passed  on  the  2d  of  July,  providing  for  the  defence 
of  the  frontier. 


1605.     OCTOBER.    FIFTH    ASSEMBLY,    SECOND    SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  Assembly  had  been  adjourned  to  the  first  of  October, 
but  no  quorum  appeared  until  the  second.  On  that  day  the 
Governor  delivered  the  following 


OPENING  SPEECH. 

ME.  SPEAKER  AND  YOU  GENTLEMEN  THE  EEPRESENTATIVES 
OF  THIS  PROVINCE. —  I  am  glad  to  find  you  met  together  so 
exactly  to  your  time,  and  hope  you  are  come  with  good 
hearts  and  inclinations  to  serve  his  Majesty  in  securing  the 
Province,  which  is  your  own  interest  and  what  I  heartily 
wish  for  and  shall  always  endeavor. 

The  first  thing  I  recommend  to  your  care  is  the  security 
of  the  frontiers,1  which  to  me  seems  to  lie  under  some 
hazard,  the  garrisons  weaker  than  ever,  the  revenue  is 
very  much  indebted,  the  taxes  in  arrears,  our  charges  daily 
grow,  our  neighbors  value  themselves  upon  their  agents  in 
England  and  deny  any  assistance,  and  his  Majesty's 
gracious  commands  in  favor  of  this  Province  and  for  the 
safety  of  his  whole  territories  upon  this  main  wholly  de- 
feated ;  the  agents  of  the  neighboring  colonies  misrepresent 
things  and  are  driving  at  their  private  interests,  by  which 
means  our  burthen  continues,  and  now  the  enemy  have  got 
into  a  nest ;  a  regular  fort  of  stone  and  lime  at  Cadaracqui 
which  without  all  doubt  will  prove  of  dangerous  conse- 
quence to  us  all,  if  means  cannot  be  found  to  drive  them  out. 

It  will  therefore  be  needful  an  agent  or  agents  be  sent 
home  from  the  government,  to  represent  our  case  and  cir- 


i  This  subject  was  included  in  an  act,  chap.  51,  passed  October  22,  pro- 
viding for  fusileers  under  the  command  of  Major  Schuyler;  also  an  act, 
chap.  53.  passed  on  the  24th  of  October,  appropriating  seven  hundred  pounds 
to  be  used  in  paying  the  King's  troops. 

[57] 


58 

cumstances.2  I  have  not  been  wanting  in  my  duty  in  re- 
peated endeavors  by  writing  in  behalf  of  the  Province,  nor 
have  they  proved  unsuccessful  with  his  Majesty,  but  a 
paper  may  be  forgot,  is  laid  aside  and  cannot  answer  the 
suggestions  and  false  glosses  that  may  be  put  upon  things 
by  the  agents  of  our  neighbors. 

It  is  true,  Gentlemen,  this  Province  has  been  under 
heavy  duty  and  taxes  and  is  much  wasted  thereby.  You 
have  paid  great  taxes  and  the  people  done  hard  duty  upon 
the  frontiers.  It  was  all  ordered  by  yourselves  and  must 
redound  to  your  praise.  Our  neighbors  owe  their  safety 
and  preservation  to  it.  We  are  next  the  enemy  and  a  bar- 
rier to  them  who  are  under  none  of  these  duties  nor  bur- 
dens. We  are  at  a  great  disadvantage  with  them  in  matter 
of  trade  likewise.  We  have  laid  several  duties  upon  goods 
and  merchandize  at  importation  and  exportation,  with  an 
excise  for  a  revenue  to  support  the  government ;  their  ports 
are  free  and  open  to  all.  They  not  only  deny  assistance 
to  us,  but  cover  and  protect  those  of  the  forces  his  Majesty 
has  graciously  sent  over  lately  when  they  desert.  We  shall 
be  reduced  to  our  former  and  greater  difficulties  if  these 
things  be  not  remedied,  it  is  plain  to  us.  Our  neighboring 
colonies  have  both  got  our  trade  and  people ;  mankind  go 
where  they  can  be  most  easy,  but  these  things  are  not  so 
well  known  at  home  and  there  are  many  other  weighty 
affairs  in  hand.  This  comes  upon  me  at  once  and  I  am  in 
my  letters  for  England.  I  shall  not  trouble  you  with  more 
at  present  but  that  you  consider  of  a  living  witness  to  ap- 
point an  agent  or  two  from  you  the  Council  and  myself, 
that  our  case  may  be  truly  stated  and  fairly  represented  to 
the  King.  When  I  shall  think  of  anything  else  I  shall  find 
a  way  to  communicate  it  to  you.  So  you  may  withdraw  to 
your  house  and  God  Almighty  direct  you. 


2  An  act,  chap.  50,  was  passed  on  the  22d  of  October  appropriating  one 
thousand  pounds  for  the  employment  of  William  Nicolls  as  agent  of  the 
Province  to  solicit  the  King's  assistance  in  protecting  the  frontiers. 


I 

BENJAMIN  FLETCHER,  1695.  59 

SPECIAL  MESSAGES. 

October  5.  Replying  to  an  inquiry  by  the  Assembly  as 
to  "  what  will  be  needful  for  the  security  of  the  frontiers 
the  winter  ensuing,"  the  Governor  recommended  that  pro- 
vision be  made  for  the  pay  of  Major  Schuyler's  company, 
and  that  supplies  be  furnished  ' '  for  the  encouragement  of 
the  companies  appointed  by  his  Majesty,  that  their  number 
may  be  kept  up,  to  prevent  detachments."  (See  note  1.) 

October  16.  Appointing  a  committee  from  the  Council 
to  confer  with  a  similar  committee  from  the  Assembly  in 
relation  to  supplies  for  the  King's  troops.  (See  note  1.) 

October  19.  Appointing  a  committee  from  the  Council 
to  join  with  a  committee  from  the  Assembly  in  preparing 
an  address  to  the  Crown.  This  address  was  signed  on  the 
30th. 

October  22.  At  a  joint  meeting  of  the  Assembly  and 
Council,  the  Governor  disposed  of  pending  bills.  He  ap- 
proved one  relating  to  attorneys,  observing  that  it  was  a 
matter  he  little  understood,  for  he  had  never  had  a  law 
suit,  and  hoped  he  never  should.  He  also  approved  a  bill 
against  the  profanation  of  the  Lord's  day,  remarking  that 
he  hoped  all  would  learn  so  to  lead  their  lives  as  to  make 
every  day  a  Sabbath.  He  also  approved  a  bill  appropri- 
ating one  thousand  pounds  for  an  agency,  and  said :  "I 
doubt  not  but  you  will  find  it  well  bestowed  and  prove  very 
beneficial  to  the  Province,  when  there  is  a  fair  and  true 
representation  made  to  his  Majesty  of  our  circumstances. 
It  is  too  hard  for  this  Province  to  have  the  whole  charge 
of  the  war  upon  us,  when  it  is  a  general  defence  to  the  rest. 
I  do  not  question  but  the  King  will  alleviate  our  burden." 
Other  bills  were  disapproved,  including  one  making  an 
appropriation  of  five  hundred  pounds  for  levy  money, 
which  the  Governor  declared  to  be  wholly  inadequate  for 
the  purpose  intended. 


60  MESSAGES  FROM  THE  GOVERNOR. 

October  23.  Appointing  a  conference  committee  rela- 
tive to  the  quota  of  troops  required  from  this  Province. 

October  24.  The  Governor  again,  in  the  presence  of 
both  Houses,  disposed  of  certain  bills.  One  continued  a 
former  judicature  act,  but,  says  the  Governor,  ' '  with  an 
addition  which  I  do  not  like ;  it  being  a  thing  unprecedented 
for  the  county  justices  to  have  the  power  of  trying  title  of 
land,  where  the  construction  of  deeds  and  writings  is  neces- 
sary, and  requires  more  skill  in  the  law  than  any  of  them 
can  pretend  to.  In  England  those  controversies  are  tried 
by  nisi  prius,  before  judges  learned  in  the  law ;  however  it 
is  temporary  and  by  the  advice  of  the  Council  I  have  passed 
it."  He  also  approved  a  bill  appropriating  seven  hundred 
pounds  "  for  an  encouragement  to  keep  up  the  companies 
till  the  first  of  May  next,"  remarking  that  not  a  farthing 
of  the  appropriation  should  be  perverted  to  any  other  use. 

Preparatory  to  an  adjournment,  the  Governor  made  the 
following  recommendation  to  the  Assembly: 

"  There  is  one  thing  I  have  to  offer  to  you  before  we 
part,  and  that  is,  that  you  inquire  into  the  grievances  and 
abuses  in  your  several  counties;  what  oppressions,  what 
maladministration  or  abuses  are  committed  by  any  minis- 
ters or  officers  of  the  Government,  that  care  may  be  taken 
to  redress  them.  You  are  or  ought  to  be  men  of  good  in- 
terest in  your  counties,  and  if  you  find  any  complaints  of 
tyranny  or  arbitrary  power,  that  are  false  and  groundless, 
it  is  your  business  to  suppress  those  murmurings  by  your 
better  information.  If  otherwise;,  you  ought  to  represent 
them  in  Assembly.  One  of  the  first  things  appointed  in  a 
House  of  Commons  is  a  committee  for  grievances.  If  you 
find  abuses  in  inferior  officers,  then  you  are  to  apply  to  the 
Governor  and  Council,  who  are  ready  to  give  satisfaction 
in  removal  of  them;  if  it  be  of  the  superiors  as  the  Gov- 
ernor or  Council,  then  you  have  the  liberty  of  applying  to 
the  King.  I  am  but  a  transient  person  amongst  you,  and 
am  willing  to  answer  for  anything  that  I  have  done.  You 
have  now  your  agent  going  home.  I  am  very  willing  you 
make  what  application  you  please.  The  Council  have  been 
witnesses  to  all  my  actions,  and  they  are  men  of  greatest 


BENJAMIN  FLETCHER,  1696.  61 

interest  in  the  country.  But  if  there  be  nothing  but  an  evil 
spirit  of  murmuring,  backbiting  and  slander,  without  any 
other  cause  or  reason  than  the  perverse  humour  of  dis- 
affected persons  and  unreasonable  men,  it  is  your  business 
to  inform  them  better  of  their  duty  to  their  superiors  and 
towards  one  another,  that  the  government  may  be  happy 
and  harmonious,  and  a  good  affection ''and  cheerfulness  in 
doing  those  things  which  are  for  your  ease  and  safety; 
which  I  call  God  to  witness  has  been  my  greatest  study 
since  I  come  amongst  you." 

October  26.    The  Assembly  was  adjourned  to  the  25th 
of  March,  1696. 


1696.     MARCH.    FIFTH  ASSEMBLY,  THIRD  SESSION. 

BENJAMIN  FLETCHER,  Governor. 

The  Assembly  was  adjourned  to  the  25th  of  March,  but 
no  quorum  appeared  until  the  7th  of  April.  On  that  day 
the  Governor  delivered  the  following 

OPENING  SPEECH. 

ME.  SPEAKER  AND  YOU  GENTLEMEN  BEPRESENTATIVES. — 
The  great  favors  and  kindnesses  we  have  received  from 
our  most  gracious  King  call  for  the  utmost  extent  of  our 
obedience  and  gratitude. 

His  Majesty,  by  late  supplies  of  men,  artillery  and  other 
stores  of  war,  with  the  royal  commands  for  assistance  from 
the  neighboring  governments  (if  a  due  compliance  be 
made)  has  enabled  us  to  withstand  and  oppose  all  our 
enemies  and  to  live  in  a  happy  security.  Nothing  but  our 
sins  can  render  his  Majesty's  care  ineffectual.  The  bless- 
ings of  Almighty  God  will  go  along  with  our  endeavors  if 
we  first  assert  our  duty  to  Him  and  pay  a  due  deference 
to  our  Prince.  Obedience  to  government  is  a  part  of 
religion. 


62  MESSAGES  FROM  THE  GOVERNOR. 

The  King  neither  commands  nor  desires  anything  of  us 
but  what  may  contribute  to  our  own  felicity;  and  this  will 
be  easily  accomplished  by  a  proper  use  of  all  those  helps  he 
has  graciously  condescended  to  give  us. 

It  must  be  considered  that  all  utensils  of  war  are  but 
tools,  and  of  no  use  without  hands  to  employ  them. 

The  King  has  sent  us  men  to  work  with  those  tools  for 
our  ease  and  safety;  but  men  wear  out;  they  die,  they 
desert;  are  often  sick  and  weak.  Armies  and  battalions 
must  be  kept  up  by  constant  recruits,  else  they  crumble 
to  nothing. 

The  forces  late  sent  over  are  much  weakened  since  their 
arrival  and  will  be  more  so  unless  some  proper  encourage- 
ment be  thought  of  for  them,  as  in  the  like  case  practiced 
in  the  Leeward  Islands.  The  rate  of  laborers  runs  so  high 
in  this  country  that  most  necessitous  men  rather  choose  to 
earn  their  bread  with  the  spade  than  the  sword. 

We  shall  want  both  men  and  money  to  render  his  Maj- 
esty's gracious  assistance  answerable  to  his  royal  inten- 
tions. 

It  ought  ever  to  be  acknowledged  with  an  humble  sense 
on  our  parts  that,  notwithstanding  his  Majesty's  present 
pressures,  the  great  and  bloody  war  he  is  engaged  it,  the 
daily  hazards  he  exposes  his  sacred  person  to,  yet  he  re- 
members this  little  handful  of  his  people. 

Let  us  not  forget  what  we  owe  to  such  a  King,  to  such 
royal  bounty.  Let  us  not  forget  ourselves,  but  wisely  con- 
sider our  own  safety  by  strengthening  our  frontiers,1  which 
I  chiefly  propose  to  you  as  the  best  return  we  can  make; 
the  mos^  acceptable  service  we  can  do  to  our  King  and  to 
our 'country. 

His  Majesty  has  by  his  royal  letter  recommended  to  us 
the  building  of  a  chapel  in  this  fort;  a  former  Assembly 


i  This  subject  was  included  in  an  act,  chap.  56,  passed  April  18,  making 
several  appropriations  for  frontier  defence. 


BENJAMIN  FLETCHER,  1696.  63 

• 

took  some  notice  of  it;  I  hope  you  will  not  be  wanting  on 
your  parts  to  forward  and  finish  it.2 

I  have  directed  Col.  Cortlandt  and  Col.  Heathcote  to  lay 
before  you  a  clear  account  both  of  the  revenue  and  taxes, 
which  will  give  you  satisfaction.  You  will  find  the  gov- 
ernment in  debt ;  and  consider  that  sucTi  gentlemen  as  have 
advanced  money  upon  the  credit  of  it  may  not  suffer  for 
their  zeal  for  the  public  weal,  being  the  money  thus  lent 
has  been  when  alarms  or  other  exigents  have  called  for  an 
immediate  care,  wherein  our  common  safety  seemed  con- 
cerned, and  at  such  seasons  when  we  could  not  timely  meet 
in  Assembly.  I  will  not  doubt  of  your  care  in  a  matter  of 
such  moment.  You  will  all  concur  to  keep  up  the  credit  of 
the  government,  which  in  some  measure  is  the  safety  of  it.3 

The  money  granted  last  sessions  is  in  great  part  left  to 
my  dispose  (it  is  not  yet  paid).  I  desire  for  my  own  ease 
and  your  satisfaction  that  a  committee  of  your  House  may 
confer  with  a  committee  of  the  Council  on  this  matter,  that 
the  money  be  applied  to  the  public  good.  I  would  have  it 
obvious  to  you  and  all  men  that  it  is  not  converted  to  any 
by  or  private  end,  nor  do  I  desire  one  penny  of  it  should 
be  paid  unto  me,  nor  to  be  any  further  concerned  than  to 
sign  warrants  for  the  payment  of  it  to  such  uses  as  you 
shall  advise. 

GENTLEMEN. —  I  wish  you  a  good  agreement  and  under- 
standing amongst  yourselves  that  his  Majesty's  favors  be 
not  lost  upon  us,  but  that  the  safety,  honor  and  prosperity 
of  this  Province  may  be  timely  considered,  as  by  his  Maj- 
esty in  the  repeated  succours  he  has  been  graciously 
pleased  to  send  us,  so  on  our  parts  by  an  humble  acknowl- 
edgement for  them  and  a  proper  application  of  them. 


2  By  an  act  passed  on  the  18th  of  April,  chap.  57,  an  additional  appropria- 
tion of  four  hundred  and  fifty  pounds  was  made  for  finishing  the  chapel  in 
the  fort. 

3  An  act,  chap.  57,  passed  April  18.  provided  for  paying  the  debts  of  the 
Province. 


64  MESSAGES  FROM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

April  9.  Appointing  from  the  Council  members  of  a 
conference  committee  relative  to  measures  for  the  defence 
of  the  frontier. 

April  16.  Recommending  a  bill  for  the  payment  of 
Major  Schuyler's  company  for  two  months. 

April  20.  Recommending  that  the  Assembly  Immedi- 
ately ascertain  the  debts  of  the  government,  and  provide 
for  the  payment  thereof,  and  for  the  completion  of  the 
chapel.  (As  to  the  chapel,  see  note  2;  debts,  note  3.) 

April  24.  Announcing  his  approval  of  certain  bills. 
The  Assembly  was  thereupon  adjourned  to  the  29th  of 
September. 


1696.     OCTOBER.     FIFTH  ASSEMBLY,  FOURTH  SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  Assembly  was  adjourned  to  the  29th  of  September, 
but  on  the  12th  of  September  the  Governor  issued  a  procla- 
mation again  adjourning  the  Assembly  until  the  15th  of 
October,  for  the  reason  that  the  public  service  required  his 
attendance  at  Albany.  A  quorum  appeared  on  the  16th,  at 
which  time  the  Governor  delivered  the  following 

OPENING  SPEECH. 

MR.  SPEAKER  AND  YOU  GENTLEMEN  REPRESENTATIVES. — 
The  season  of  the  year  will  hardly  admit  of  a  long  session, 
yet  the  present  state  of  the  Province  calls  for  deliberate 
and  mature  consideration. 

The  last  session  was  carried  on  with  a  true  regard  of  our 
duty  to  his  Majesty,  our  most  gracious  King.  "We  had  no 
heat,  but  were  united,  agreeing  in  all  our  debates,  so  I  hope 


I 

BENJAMIN  FLETCHER,  1696.  65 

it  shall  always  be ;  we  remain  the  same  men  and  retain  the 
same  principles. 

ME.  SPEAKER.—  I  am  to  acquaint  you  I  have  been  necessi- 
tated twice  this  summer  by  advice  and  consent  of  the  Council 
to  visit  Albany.  The  French  Governor  of  Canada  marched 
with  so  considerable  a  force  into  the  Indian  country  of 
Onondaga  and  Oneida  that  I  could  not  suppose  his  design 
would  end  there,  but  expected  that  he  would  with  that 
strength  attempt  Albany,  where  I  was  ready  to  adjust  my 
duty  in  defence  of  the  place.  He  contented  himself  with  a 
poor  insult  over  our  naked  Indians,  and  retired.  Yet  he 
destroyed  the  castles  and  corn  of  those  two  nations,  who 
must  perish  this  winter  if  not  relieved  by  us. 

You  all  know  they  have  been  true  to  their  Majesty's 
interest  in  joining  with  this  Province  against  our  common 
enemy  the  French,  and,  unless  encouraged,  may  be  com- 
pelled by  poverty  to  make  their  peace  with  them. 

My  second  journey  was  to  comfort  those  distressed 
Indians  and  to  assure  them  of  his  Majesty's  royal  favor 
and  protection,  and  to  renew  the  covenant  chain  with  the 
whole  Five  Nations,  which  has  been  done  with  as  much 
cheerfulness  on  the  part  of  the  Indians  as  I  have  ever  yet 
observed. 

I  gave  them  those  present  which  his  Majesty  in  his  great 
consideration  of  their  services  to  us  (his  loyal  subjects  of 
this  Province)  was  pleased  to  send  from  England,  as  marks 
of  his  royal  bounty;  they  bespoke  the  magnificence  of  our 
great  King,  yet  did  not  answer  the  wants  of  those  dis- 
tressed people,  so  that  the  Council  thought  it  necessary  to 
add,  at  the  charge  of  the  Province,  such  things  as  suited 
best  their  present  necessities.  This  has  occasioned  a  great 
charge  which  I  recommend  to  your  consideration  and  hope 
you  will  inquire  into.1 


1  An  act,  chap.  58,  passed  the  30th  of  October,  appropriated  two  hundred 
pounds  for  the  relief  of  the  Indians  whose  castles  and  corn  had  been  destroyed 
by  the  French.  The  same  act  appropriated  two  hundred  pounds  to  reimburse 
the  Governor  for  money  borrowed  and  used  by  him  during  the  recent  French 
invasion  of  the  Indian  country. 

5 


66  MESSAGES  FKOM  THE  GOVERNOR. 

The  Council  has  joined  with  me  to  take  money  on  the 
credit  of  the  government  to  answer  this  emergency. 

At  my  renewing  the  covenant  chain  ( so  the  Indians  term 
it)  I  found  myself  obliged  to  promise  a  supply  of  pro- 
visions to  the  Onondagas  and  Cayugas,  they  being  the  only 
sufferers  of  the  Five  Nations  in  the  French  descent.  This 
I  hope  you  will  consider  by  raising  a  fund  to  answer  it. 

MR.  SPEAKER.—  The  money  so  generously  granted  in  a 
former  session  for  the  encouragement  of  his  Majesty's 
companies  has  not  had  the  effect  you  designed  and  I  en- 
deavored. Either  the  neglect  of  the  assessors  and  col- 
lectors, or  want  of  force  in  the  acts,  has  occasioned  a  great 
arrear  by  which  the  soldiers  have  been  discouraged  and 
evil-minded  men  have  found,  arguments  to  persuade  them 
to  desert  the  service.  The  most  of  those  who  voluntarily 
enlisted  themselves  upon  the  encouragement  you  gave  of 
three  pound  a  man  levy  money  (which  I  am  sure  was  paid 
them),  notwithstanding  the  addition  of  four  pence  a  day 
which  you  have  also  given,  they  have  deserted;  fourteen 
out  of  one  company  taking  the  King's  arms  with  them,  and 
are  received  and  harbored  by  their  relations  in  the  face  of 
the  magistracy.  This  evil  has  its  source  principally  from 
the  failure  of  payments  at  the  appointed  times,  so  that 
three  companies,  which  ought  to  be  a  hundred  each,  are 
dwindled  to  two  hundred  twenty-one  men.  One  hundred 
more  will  barely  answer  a  necessary  force  for  the  defence 
of  that  place,  which  I  recommend  to  your  consideration.2 

Col.  Cortlandt,  who  receives  that  money,  will  show  you, 
as  he  does  me,  that  of  the  taxes  payable  the  25th  of  March 
past  there  is  an  arrear  of  twenty-one  hundred  seventy- 
nine  pounds,  five  shillings  and  four  pence  farthing,  and  of 
that  payable  the  29th  of  September  last,  one  thousand  two 
hundred  and  nineteen  pounds,  thirteen  shillings,  two  pence 


2  An  act,  chap.  58,  passed  on  the  30th  of  October,  appropriated  six  hundred 
pounds  for  the  purpose  of  raising  one  hundred  additional  men. 


BENJAMIN  FLETCHER,  1696.  67 

half-penny.3  I  hope  you  will  think  of  preventing  this 
malady  by  giving  force  to  your  acts,  that  money  be  duly 
paid  according  to  the  time,  and  that  all  deserters  may  be 
punished,  with  those  that  harbor  them. 

The  security  of  this  Province,  your  own  estates  and  free- 
holds, depends  upon  your  care  in  these  two  material  points. 

ME.  SPEAKER. —  I  have  received  an  address  from  the 
magistrates  of  Albany  desiring  my  presence  with  them  this 
winter.  I  assured  them  I  was  ever  ready  to  be  where  his 
Majesty's  service  calls,  and  promised  them  an  answer  in 
fourteen  days ;  but  was  willing  to  have  the  concurrence  of 
the  Council  and  Assembly  in  a  matter  which  seems  of 
moment;  all  correspondence  betwixt  York  and  Albany 
being  shut  up  by  the  frost  for  some  months.  Their  address 
I  shall  lay  before  you ;  it  contains  their  reasons. 

I  desire  a  committee  of  your  House  may  join  a  commit- 
tee of  the  Council  to  consider  of  it  and  give  me  advice. 

I  am  very  sensible  of  the  great  pressures  we  lie  under 
by  the  present  war  while  this  Province  singly  bears  the 
weight  and  is  become  a  frontier  to  our  neighboring  Prov- 
inces whose  safety  is  derived  from  the  preservation  of 
Albany  no  less  than  ours. 

We  not  only  pay  a  duty  upon  our  trade,  but  are  also 
taxed  for  our  private  estates;  the  very  noise  thereof 
frightens  away  the  trading  vessels  to  the  neighboring 
colonies  that  are  free  from  this  duty,  albeit  they  often 
come  to  a  worse  market. 

I  have  made  frequent  application  for  assistance  from 
our  neighbors,  but  have  not  been  able  to  obtain  one  man, 
but  this  matter  will  be  represented  to  his  Majesty  by  those 
employed  for  that  purpose.  You  have  an  agent  in  England 
of  your  own  choice,  who  I  am  sure  will  faithfully  state  the 
case  of  the  Province  before  the  King,  and  I  do  not  doubt 
but  that  his  most  sacred  Majesty  will  afford  us  such  relief 
as  will  lighten  our  burthen. 


3  An  act,  chap.  58,  passed  on  the  30th  of  October,  contained  provisions  for 
more  efficient  enforcement  of  laws  for  the  collection  of  taxes. 


68  MESSAGES  FROM  THE  GOVERNOR. 

I  hope  you  will  not  let  a  good  cause  (the  general  con- 
cern) fall  for  want  of  a  supply. 

GENTLEMEN. —  You  have  free  access  to  all  the  books  of 
receipts  and  disbursements  of  the  revenue  and  taxes  of  the 
Province;  I  do  earnestly  desire  you  all  to  satisfy  your- 
selves in  the  disposition  of  it. 

I  do  declare  to  you  and  shall  be  always  able  to  make  it 
appear  that  I  never  received  one  penny  of  the  public  money 
raised  upon  the  country,  neither  by  my  own  hand  or 
any  other,  for  my  use,  nor  never  designed  or  desired  to 
enrich  myself  by  it;  in  this  matter  you  can  vindicate  me 
when  you  please. 

I  pray  God  direct  you  to  what  may  tend  to  His  glory, 
the  honor  of  his  sacred  Majesty  our  King,  the  safety  and 
prosperity  of  this  Province. 

SPECIAL  MESSAGES. 

October  20.  Appointing  from  the  Council  members  of 
a  conference  committee  to  consider  the  address  from  the 
magistrates  of  Albany,  referred  to  in  the  Governor's  open- 
ing speech. 

October  21.  Communicating  to  the  Assembly  intelli- 
gence relative  to  a  skirmish  between  a  ' '  party  of  our 
Indians  "  and  a  party  of  French,  consisting  of  twenty-one 
men,  who  had  lately  come  from  Canada  with  a  design  to 
destroy  Kinderhook,  and  in  which  the  French  were  defeated. 

October  26.  Transmitting  certain  letters  from  New  Eng- 
land (the  contents  of  which  are  not  given),  and  also  the 
journal  of  the  Governor's  recent  visit  to  Albany  to  confer 
with  the  Indians. 

October  28.  Expressing  the  opinion  that  an  additional 
one  hundred  men  would  be  sufficient  for  the  defence  of 
Albany  during  the  coming  winter.  (See  note  2.) 

October  30.  Appointing  from  the  Council  members  of 
a  committee  to  prepare  an  address  to  the  King,  congratu- 


BENJAMIN  FLETCHER,  1697.  69 

lating  him  on  his  ' '  happy  deliverance  from  the  late 
wicked  assassination."  This  address  was  signed  on  the 
3d  of  November. 

November  2.  Informing  the  Assembly  of  his  intention 
to  go  to  Albany  to  take  personal  charge  of  affairs  there 
for  the  winter. 

November  3.  The  Assembly  was  adjourned  to  the  25th 
of  March,  1697. 


1697.     MARCH.    FIFTH   ASSEMBLY,   FIFTH   SESSION. 


BENJAMIN  FLETCHER,  Governor. 

The  Assembly  was  adjourned  to  the  25th  of  March;  a 
quorum  appeared  on  the  29th,  at  which  time  the  Governor 
delivered  the  following 

OPENING  SPEECH. 

MR.  SPEAKER  AND  YOU  GENTLEMEN  REPRESENTATIVES.— 
I  am  very  glad  to  meet  you  here  according  to  your  adjourn- 
ment the  last  sessions.  I  just  now  heard  the  members  of 
Westchester  county  have  absented,  and  hope,  Mr.  Speaker, 
the  house  will  do  that  right  to  their  own  honor  to  inquire 
into  the  reason  of  their  absence. 

I  was  called  to  Albany  this  winter  by  a  double  obliga- 
tion, my  duty  to  his  most  sacred  Majesty  in  discharge  of 
that  trust  he  has  been  graciously  pleased  to  put  into  my 
hands,  and  my  affections  to  his  subjects  of  that  city,  who 
by  address  desired  my  presence  with  them. 

And  indeed  the  intelligence  of  a  design  on  that  place  by 
the  French  and  their  Indians  (being  flushed  with  their 
success  on  Pemaquid  in  New  England  the  last  summer) 
was  a  sumcient  spur  to  me. 


70  MESSAGES  FROM  THE  GOVERNOR. 

I  therefore  resolved  to  make  Albany  my  winter  quarter, 
looking  upon  it  not  only  as  a  barrier  to  this  Province  but 
to  other  colonies  of  his  Majesty's  empire  in  America. 

My  passage  met  with  some  difficulties  by  an  early  win- 
ter, being  twice  drove  ashore  by  the  ice,  and  at  last  locked 
up  by  it,  yet  I  made  the  journey  in  twelve  days  though  with 
some  extraordinary  expense,  being  necessitated  to  travel 
part  of  the  way  by  land  with  a  detachment  of  my  own 
company. 

Col.  Schuyler,  who  commands  the  militia  in  those  parts 
and  speaks  the  language,  was  very  active  in  procuring 
wagons  and  other  assistance,  as  sleighs,  for  bringing  up 
field-pieces,  small  arms,  ammunition,  etc.,  which  could  not 
be  done  gratis. 

This  journey  had  the  effect  I  expected.  Some  families 
who  designed  to  remove,  upon  the  report  of  my  coming 
staid,  by  which  the  garrison  was  much  strengthened. 

I  observed  in  all  the  inhabitants  great  zeal  for  his  Maj- 
esty's service;  they  were  cheerful  in  the  performance  of 
their  duty,  watchful  and  vigilant  upon  those  guards  com- 
mitted to  their  care. 

The  inhabitants  are  somewhat  straitened  by  quartering 
his  Majesty's  companies,  the  houses  are  small,  fitted  only 
for  the  conveniency  of  their  own  families.  If  barracks 
were  built  (which  would  be  no  great  charge)  the  inhabi- 
tants would  be  eased,  soldiers  better  accommodated,  deser- 
tion easier  prevented,  and  the  city  better  fortified. 

And  as  you  have  hitherto  showed  great  regard  «f or  his 
Majesty's  service  in  taking  care  as  well  for  recruiting  as 
better  subsisting  his  Majesty's  companies,  so  I  hope  you 
will  continue  in  the  good  mind  of  easing  the  inhabitants 
by  accommodating  the  soldiers. 

Your  last  gratuity  to  them  had  that  influence  that  not 
one  man  has  deserted  since. 

I  desire  you  will  appoint  some  of  your  house  to  look  into 
those  payments,  by  which  you  will  see  that  so  much  money 


BENJAMIN  FLETCHER,  169^.  71 

as  could  be  got  upon  the  credit  of  that  act  has  been  ap- 
plied as  it  directs. 

Those  recruits  from  Connecticut  came  very  seasonably; 
they  had  their  levy  money,  and  those  two  officers  that  con- 
ducted them  were  paid  one  pound  for  each  man  as  a  re- 
ward for  their  pains  and  care,  which  I,hope  gave  them  all 
satisfaction. 

The  winter  seems  the  most  proper  season  for  the  French 
to  make  an  attack  upon  Albany,  all  rivers,  lakes  and 
marshes  being  so  hard  by  the  frost  that  cannon  may  be 
drawn,  etc.  Yet  in  summer  those  parts  suffer  most  by 
sculking  parties  of  French  and  Indians,  so  that  I  must 
recommend  to  you  the  care  of  recruiting  his  Majesty's 
companies  at  May  next  (when  the  term  of  those  enlisted 
by  your  act  determines),  otherwise  it  will  be  impossible  to 
cover  the  out  plantations;  those  farmers  will  remove  and 
leave  the  country  waste,  the  consequence  of  that  will  be 
the  desolation  of  the  city,  which  must  then  become  a 
garrison. 

The  Five  Nations  of  Indians  can  have  no  relief  there, 
their  friends  being  gone,  which  they  must  justly  conclude 
to  be  the  fear  of  the  French,  and  those  Indians  will  then 
purchase  their  safety  and  conveniency  by  joining  to  our 
enemies  of  Canada. 

The  care  you  have  taken  for  payment  of  a  party  to 
advance  upon  the  enemy's  borders,  and  lodge  there  for 
some  time  to  discover  their  motion,  is  of  great  use.1  I 
hope  you  will  continue  that  allowance,  and  also  consider 
the  advantage  we  found  last  summer  by  the  payment  of 
six  pounds  to  any  Christian  or  Indian  for  every  head  they 
bring  in  of  those  sculking  murderers  who  spare  neither 
women  nor  children.  By  that  encouragement  we  had  some 
of  them  cut  off  in  September  last;  those  gentlemen  you 
have  intrusted  in  the  payment  of  the  advance  parties  are 


i  An  act,  chap.  63.  was  passed  on  the  20th  of  April,  making  further  pro- 
vision for  the  defence  of  the  frontier. 


72  MESSAGES  FROM  THE  GOVERNOR. 

without  doubt  the  best  qualified  for  this,  being  resident  in 
Albany  they  should  have  a  fund  or  credit  to  pay  for  every 
head  brought  in. 

The  punctual  payment  for  last  summer's  service  will 
spur  many  young  men  to  be  adventurers,  both  Christians 
and  Indians.  They  will  hunt  hard  upon  this  encourage- 
ment. I  desire  you  will  continue  life  in  so  honest  a  design 
for  the  preservation  of  his  Majesty's  subjects  in  those 
parts. 

I  cannot  be  unconcerned  at  the  hardship  this  Province 
lies  under  above  others  (by  reason  of  this  war) ;  you  have 
agents  now  attending  his  Majesty,  he  is  our  gracious 
King,  father  of  his  people,  he  will  hear. 

A  true  and  plain  account  of  our  circumstances  will  be 
represented,  and  relief  obtained  from  his  Majesty's  pious 
care  of  all  his  subjects.  ' 

You  have  seen  the  memorial  given  in  to  their  Excel- 
lencies, the  Lords  Justices.  I  have  since  received  letters 
and  another  paper  given  in  by  those  gentlemen  to  the  Eight 
Honorable  the  Commissioners  for  Trade  and  Plantations. 
I  shall  communicate  them  to  your  house. 

I  know  those  gentlemen  employed  from  the  Province  are 
faithful  and  diligent;  I  will  not  question  their  success  if 
we  are  not  wanting  to  ourselves;  they  are  at  an  extra- 
ordinary charge,  one  of  them  is  out  of  the  road  of  that 
business  which  is  his  support;  his  fortune  and  his  family 
both  suffer  by  his  absence.  He  was  appointed  by  your- 
selves. You  will  consider  what  is  proper  to  be  done  for 
the  carrying  on  so  good  a  work  which  is  so  well  begun, 
and  when  finished  will  lighten  our  present  burden  and 
secure  us  from  the  attempts  of  our  enemies. 

Gentlemen,  I  pray  God  direct  you. 


I 

BENJAMIN  FLETCHER,  1697.  73 

SPECIAL  MESSAGES. 

March  30.  Transmitting  letters  from  Mr.  Nicolls  and 
Mr.  Brooke,  and  also  two  memorials  presented  by  them  to 
the  Lords  Justices  of  England  relative  to  the  state  of  the 
Province. 

April  2.  Transmitting  a  letter  from  Deputy  Governor 
Treat  of  Boston,  1684,  "  desiring  the  inhabitants  of  Eye 
and  Bedford  to  be  obedient  under  the  government  of  this 
Province. ' ' 

April  12.  Urging1  liberal  appropriations  for  the  de- 
fence of  the  frontier. 

April  13.  Referring  again  to  the  subject  of  appropria- 
tions, and  also  transmitting  a  copy  of  a  letter  from  the 
sheriff  of  Westchester  "concerning  the  defection  of  the 
towns  of  Eye  and  Bedford." 

April  14.  Announcing  a  conference  committee  on  a 
bill  appropriating  fifteen  hundred  pounds  for  frontier 
defence. 

April  17.  Eeluctantly  approving  a  bill  for  frontier  de- 
fence, but  expressing  doubt  as  to  the  sufficiency  of  the 
appropriation. 

April  21.  Informing  the  Assembly  that  he  had  directed 
the  preparation  of  a  statement  showing  the  arrears  of 
taxes  under  former  acts. 

April  22.  The  laws  enacted  at  this  session  were  pub- 
lished in  the  usual  manner.  The  Governor  made  the  fol- 
lowing observations  on  the  work  of  the  session: 

"  There  has  been  a  great  deal  of  time  spent  in  needless 
debates,  the  money  which  you  first  gave  would  have  an- 
swered all  that  I  did  propose,  and  what  is  done  might  have 
been  finished  in  a  day  or  two;  it  is  now  near  a  month.  I 
am  glad  you  are  come  to  a  conclusion  at  last,  and  that  those 
gentlemen,  Col.  Cortlandt  and  Col.  Bayard,  have  given  you 
satisfaction  as  to  the  accounts  and  vouchers ;  it  is  no  good 
sign  of  an  honest  man  to  believe  all  others  to  be  knaves  and 
distrust  everybody. ' ' 


74  MESSAGES  FROM  THE  GOVERNOR. 

Concluding  his  remarks,  the  Governor  suggested  that 
if  he  were  to  act  upon  the  recommendation  of  some  mem- 
bers of  the  Assembly  he  would  adjourn  that  body  for  a 
"  twelvemonth,"  but  the  agent  who  had  been  appointed  to 
solicit  royal  aid  for  the  defence  of  the  frontier  might  need 
further  appropriations,  and  therefore  an  earlier  meeting 
of  the  Assembly  might  be  desirable.  If,  however,  there 
should  be  no  occasion  for  a  meeting  in  the  autumn,  he 
would  adjourn  or  prorogue  the  Assembly  to  the  "  spring 
of  the  year."  The  Assembly  was  thereupon  adjourned  to 
the  21st  of  September,  1697. 

There  is  no  record  of  any  meeting  of  the  Assembly  in 
September.  Probably  no  legislative  action  was  necessary 
in  relation  to  the  agent  of  the  Province  in  London,  and 
there  seems  to  have  been  no  other  occasion  for  a  meeting 
of  the  Assembly.  On  the  21st  of  October  the  Governor 
prorogued  the  Assembly  to  the  25th  of  March,  1698. 


1698.     MAY.     SIXTH  ASSEMBLY,  FIRST  SESSION. 


EARL  OF  BELLOMONT,  Governor. 

The  fifth  Assembly  had  been  prorogued  by  Governor 
Fletcher  on  the  21st  of  October,  1697,  to  the  25th  of  March, 
1698,  but  it  did  not  meet  on  that  day,  and  never  met  again. 

Soon  after  the  adjournment  of  the  Assembly  in  the 
spring  of  1697,  Richard  Coote,  Earl  of  Bellomont,  was 
appointed  Governor  of  the  Province.  His  commission 
bears  date  June  18,  1697,  and  the  usual  instructions  were 
issued  to  him  on  the  31st  of  August  following.  This 
appointment  was  soon  known  in  the  Province,  though 
Governor  Bellomont  did  not  arrive  in  New  York  until  the 
following  spring.  The  Council  minutes  during  the  fall 
and  winter  frequently  refer  to  his  expected  arrival,  and 
the  coming  change  of  administration  was  doubtless  one  of 


EARL  OF  BELLOMONT,  1698.  75 

the  reasons  which  led  to  the  prorogation  of  the  Assembly 
to  March,  1698.  This  prorogation  was  not  renewed.  Gov- 
ernor Bellomont  arrived  in  New  York  on  the  2d  of 
April,  1698,  took  the  oaths,  published  his  commission, 

received  the  seals,  and  assumed  the  duties  of  his  office. 

/ 

On  the  same  day  the  Assembly  was  dissolved,  and  writs 
of  election  were  ordered  to  be  prepared  for  a  new  Assembly. 
On  the  5th  the  writs  were  made  returnable  the  18th  of  May. 
On  the  19th  the  Assembly  was  organized,  and  the 
Governor,  in  the  presence  of  both  Houses,  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN.—  My  voyage  hither  from  England  was  very 
tedious  and  attended  with  great  hardships,  but  since  my 
being  among  you  I  have  endeavored  to  redeem  that  loss  of 
time  by  applying  myself  diligently  to  the  public  business 
in  duty  to  his  Majesty,  and  that  I  might  be  the  better 
enabled  to  serve  you. 

I  cannot  but  observe  to  you  what  a  legacy  my  predecessor 
has  left  me,  and  what  difficulties  to  struggle  with  a  divided 
people,  an  empty  treasury,  a  few  miserable,  naked,  half 
starved  soldiers,  not  half  the  number  the  King  allowed  pay 
for,  the  fortifications  and  even  the  Governor's  house  very 
much  out  of  repair,  and,  in  a  word,  Gentlemen,  the  whole 
government  out  of  frame;  to  you  therefore  I  recommend 
the  consideration  of  these  disorders  as  best  becoming  your 
prudence  to  apply  the  proper  remedies,  and  you  may  be 
sure  of  my  hearty  concurrence  in  everything  that  will  con- 
duce to  the  extinguishing  those  heats  and  animosities 
among  you,  which  I  fear  have  been  of  late  years  indus- 
triously cherished  and  fomented,  and  to  the  curing  all  the 
other  disorders  and  mischiefs  among  you. 

It  has  been  represented  to  the  government  in  England 
that  this  Province  hath  been  a  noted  receptacle  of  Pirates, 
and  the  trade  of  it  under  no  restriction,  but  the  acts  of 


76  MESSAGES  FROM  THE  GOVERNOR. 

trade  violated  by  the  neglect  and  connivance  of  those  whose 
duty  it  was  to  have  prevented  it.  I  hope,  Gentlemen,  you 
will  put  all  the  discountenance  imaginable  on  that  flagitious 
crime  of  piracy,  which  is  not  only  the  worst  sort  of  robbery, 
but  is  for  the  most  part  attended  with  the  horrid  sin  of 
murder,  which  is  a  great  aggravation  of  that  odious  prac- 
tice, detested  by  all  the  civil  nations  of  the  world.  It  is  not 
only  injurious  to  the  honor  of  his  Majesty  and  the  English 
nation,  but  also  highly  prejudicial  to  the  trade  of  England, 
and  particularly  to  the  East  India  Company,  and  the  Gen- 
tlemen of  the  Council  here  present  will  bear  me  witness 
that  my  orders  from  his  Majesty  are  very  strict  for  in- 
quiring into  and  effectually  preventing  for  the  future  that 
lawless  and  vile  trade  of  piracy  within  my  government. 

As  I  have  declared  myself  against  piracy  and  all  unlaw- 
ful trade,  so  I  must  assure  you  I  will  give  you  all  the  en- 
couragement I  can  possible  in  carrying  on  a  lawful  trade 
and  everything  else  that  will  make  you  happy  and  flourishing. 

MR.  SPEAKER,  AND  YOU,  GENTLEMEN,  REPRESENTATIVES.— 
I  hope  you  will  take  into  your  consideration  that  the  rev- 
enue is  near  expiring,  and  that  you  will  provide  for  the 
support  of  the  government  for  the  time  to  come,  and 
therein  give  me  leave  to  put  you  in  mind  that  your  duty 
and  respect  to  his  Majesty  should  be  an  argument  to  you 
not  to  leave  the  government  destitute.  It  would  be  hard  if 
I  that  come  among  you  with  an  honest  mind  and  a  resolu- 
tion to  be  just  to  your  interest,  should  meet  with  greater 
difficulties  in  the  discharging  of  his  Majesty's  service  than 
those  that  have  gone  before  me.  I  will  take  care  there 
shall  be  no  misapplication  of  the  public  money;  I  will 
pocket  none  of  it  myself,  nor  shall  there  be  any  embezzle- 
ment by  others,  but  exact  account  shall  be  given  you  when 
and  as  often  as  you  shall  require. 

I  have  ordered  all  the  accounts  to  be  laid  before  you  that 
you  may  see  the  state  of  the  debts  of  the  government  and 
take  such  course  for  the  discharge  of  them  as  you  shall 


I 

EARL  OF  BELLOMONT,  1698.  77 

think  fit.  I  wish  too  you  would  consider  how  to  restore 
credit  to  the  government,  which  I  understand  is  now  very 
low,  if  not  wholly  lost. 

I  have  ordered  the  engineer  to  go  and  visit  the  frontiers 
and  to  report  to  me  the  state  and  condition  he  finds  the 
fortifications  in;  which  report  I  intend  for  you  as  soon  as 
it  comes  to  my  hands. 

GENTLEMEN. —  I  must  remind  you  of  the  necessity  there 
is  of  finding  out  some  expedient  to  reconcile  the  parties 
among  you.  I  must  own  to  you  I  set  my  heart  so  much  on 
it  that  I  shall  think  it  the  glory  of  my  government  to  bring 
so  good  a  work  to  pass.  I  desire,  therefore,  you  will  think 
of  the  proper  methods  to  effect  an  entire  reconciliation 
among  you ;  to  be  of  one  faith  and  one  mind  is  not  only  an 
excellent  scripture  rule,  but  also  a  good  maxim  in  govern- 
ment. Union  amongst  a  people  is  the  bond  of  peace  and  of 
strength  too. 

You  cannot  but  know  what  abuses  have  been  formerly  in 
elections  of  members  to  serve  in  the  Assembly,  which  tends 
much  to  the  subversion  of  your  liberties.  I  do  therefore 
recommend  to  you  the  making  a  law  to  provide  against  it, 
and  that  you  will  think  of  such  other  law  as  you  will  stand 
in  need  of  to  secure  to  this  Province  a  lasting  happiness, 
to  which  I  promise  you  my  concurrence. 

I  shall  conclude,  Gentlemen,  with  recommending  that 
which  is  chiefly  incumbent  upon  us  all;  an  inviolable  duty 
and  allegiance  to  his  Majesty,  who  by  his  valour  has 
rescued  us  from  the  two  greatest  plagues  that  ever  infested 
the  world  —  popery  and  slavery ;  and  by  that  and  his  wise 
and  temperate  government  has  secured  us  the  free  exercise 
of  our  holy  protestant  religion,  the  enjoyment  of  our 
liberties  and  estates,  and  as  a  further  instance  and  illus- 
tration of  the  glory  of  his  reign,  his  Majesty  has  with  re- 
peated hazards  of  his  precious  life,  procured  for  us  and  all 
Christendom  a  glorious  peace;  for  which,  Gentlemen,  let 
us  address  his  Majesty  that  he  will  be  graciously  pleased 
to  accept  of  the  tender  of  our  most  humble  duty  and  thanks. 


78  MESSAGES  FBOM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

May  23.  Appointing  from  the  Council  members  of  a 
conference  committee  on  an  address  to  the  Crown,  which 
was  also  to  include  James  Graham,  the  Attorney-General. 
The  address  was  signed  on  the  first  of  June. 

June  8.  Recommending  the  following  legislation:  con- 
tinuing the  judicature  act ;  modifying  the  statute  relating  to 
inferior  courts  by  reducing  the  number  of  justices ;  explain- 
ing clauses  in  the  act  of  the  revenue  relating  to  the  excise 
and  suppressing  unlicensed  tippling  houses. 

June  10.  It  seems  that  differences  arose  among  mem- 
bers of  the  Assembly,  resulting  in  the  withdrawal  of  six 
representatives,  who  presented  a  petition  to  the  Governor 
and  Council,  but  the  legislative  records  do  not  contain  a 
copy  of  the  petition,  nor  the  reasons  for  the  withdrawal. 
The  Governor  required  the  attendance  of  the  Assembly  at 
the  fort,  and  the  two  Houses  being  in  joint  session  the 
petition  was  read  and  the  Governor  thereupon  said  he 
could  not  ' '  meddle  in  that  matter,  the  House  alone  being 
the  sole  judges  of  any  difference  arising  amongst  them- 
selves, ' '  but ' '  that  being  very  tender  in  touching  the  privi- 
leges of  the  house,  he  did  recommend  it  to  them,  and  the 
said  six  members  "  to  "  accommodate  matters  speedily, 
that  they  may  go  on  unanimously  in  the  service  of  the 
King  and  the  public." 

June  14.  The  Assembly  was  dissolved,  the  Governor, 
assigning  his  reasons  that  the  Assembly  had  sat  a  whole 
month  without  interruption  and  had  done  nothing  either 
for  the  service  of  the  King  or  the  good  of  the  country,  ex- 
cept the  address  to  his  Majesty.  "  I  am  sorry  your  car- 
riage," he  said,  "  since  hath  been  so  contrary  thereto  that 
it  is  absolutely  necessary  for  the  King's  service  and  the 
safety  and  peace  of  the  government  that  you  should  be  dis- 
solved. Your  proceedings  have  been  so  unwarrantable, 


EARL  OF  BELLOMONT,  1$99.  79 

wholly  tending  to  strife  and  division,  and  indeed  disloyal 
to  his  Majesty  and  his  laws  and  destructive  to  the  rights 
and  liberties  of  the  people,  that  I  do  think  fit  to  dissolve 
this  present  Assembly,  and  it  is  dissolved  accordingly." 
No  laws  were  passed  by  this  Assembly. 


1699.     MARCH.     SEVENTH  ASSEMBLY,  FIRST  SESSION. 


EARL  OF  BELLOMONT,  Governor. 

This  Assembly  was  called  to  meet  on  the  second  of 
March,  but  a  quorum  was  not  present  until  the  21st.  On 
that  day  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  There  had  been  no  occasion  for  calling 
you  at  this  time,  if  the  last  Assembly  had  answered  the 
good  ends  I  proposed  to  myself  for  the  King's  service  and 
that  of  the  Province.  But  having  sat  a  whole  month  and 
done  no  business,  I  thought  it  advisable  to  dissolve  them; 
and  the  rather,  because  there  were  great  heats  and  divisions 
among  them,  which  I  found  impracticable  for  me  to  com- 
pose and  put  an  end  to. 

You  need  not  be  told  to  what  a  degree  faction  and 
sedition  have  taken  root  in  this  Town ;  it  is  a  thing  so  gen- 
erally known.  And  there  has  been  the  utmost  industry  used 
by  some  ill  men  to  spread  the  infection  all  over  the  Prov- 
ince, and  to  alienate  the  affections  of  the  people  by  false 
suggestions  and  notions  of  their  independence  from  the 
crown  of  England,  and  that  it  is  a  violence  and  wrong  done 
them  that  England  should  put  a  limitation  on  their  trade. 
How  extravagant  and  wild  is  this  notion.  Does  not  Eng- 
land put  a  restriction  on  its  own  trade  in  some  cases?  And 
as  for  piracy,  which  some  people  are  so  fond  of  here,  it 


80  MESSAGES  FROM  THE  GOVERNOR. 

is  held  in  such  abomination  as  not  to  be  known  or  prac- 
tised there.  People  must  not  be  so  deceived ;  this  Province 
is  subject  to  the  Crown  of  England,  and  it  is  its  greatest 
glory  and  happiness  that  it  is  so,  for  by  that  means  the 
people  are  entitled  to  the  protection  of  the  Crown,  and  are 
under  the  best  constitution  of  laws,  and  that  in  fellowship 
with  the  best  and  bravest  people  in  the  world,  the  people 
of  England;  and  they  must  be  obedient  to  English  laws; 
it  is  their  duty  and  interest  so  to  be.  And  the  angry  men 
of  New  York  must  not  expect  from  me  that  connivance  at 
their  ill  practices  that  they  were  accustomed  to  some  years 
before  my  coming  to  the  government:  the  oath  of  a  Gov- 
ernor, the  laws  of  England  and  the  King's  instructions, 
which  are  made  to  square  with  the  laws,  are  sacred  ties  and 
obligations  with  me. 

I  have  observed  great  marks  of  irreligion  and  immorality 
in  this  place,  and  I  take  it  to  proceed  from  a  long  habit  of 
breaking  the  laws,  which  has  introduced  licentious  and  dis- 
solute living.  And  nothing  can  rectify  and  reform  our  lives 
and  manners  but  religion.  Religion  is  of  that  admirable 
frame  and  temper,  it  inflames  us  with  a  true  devotion  to  our 
great  Maker,  which  is  our  most  reasonable  service.  Then  it 
fits  us  for  all  the  ends  of  civil  society,  by  uniting  our  minds, 
affections  and  interests,  it  makes  us  good  men;  and  good 
men  will  of  course  be  good  friends,  good  neighbors,  good 
subjects,  and  good  patriots,  that  is,  lovers  of  their  country 
and  obedient  to  its  laws. 

Now  that  I  have  stated  to  you  the  unhappy  circumstances 
that  we  are  in  by  the  contrivance  of  ill  men,  I  shall  pro- 
ceed to  recommend  to  your  thoughts  a  few  things  which  are 
necessary  for  the  support  and  peace  of  the  government,  and 
will  be  a  manifestation  of  your  duty  and  affection  to  the 
King. 

I  therefore  propose  to  you,  Gentlemen  of  the  house  of 
Representatives,  the  continuance  of  the  present  revenue 
(which  will  otherwise  shortly  expire)  for  what  number  of 


EARL  OF  BELLOMONT,  1699.  81 

years  you  shall  think  fit.1  I  found  the  government  very 
considerably  indebted  when  I  came  to  it,  and  it  can  not  be 
expected  that  debt  should  be  much  lessened  in  so  short  a 
time  as  I  have  been  here.  I  could  wish  you  would  put  the 
government  on  a  clear  foot  by  finding  a  way  to  discharge 
that  debt.2 

The  public  accounts  I  have  ordered  to  be  prepared  for 
you,  with  an  estimate  of  the  debts  of  the  government.  I 
promise  you  I  will  be  as  good  a  husband  of  your  money  as 
it  is  possible  for  me  to  be ;  and  when  it  is  either  misapplied 
or  mismanaged  by  my  means,  I  shall  not  take  it  amiss  if 
you  put  me  in  mind  of  my  want  of  care  therein.  To  induce 
you  to  the  continuance  of  the  revenue  to  the  crown,  I  can- 
not set  before  your  eyes  a  better  example  than  that  of  the 
great  and  glorious  people  of  England,  who  out  of  the  sense 
of  the  inestimable  advantages  they  were  restored  to  by 
the  King,  freely  and  without  the  least  murmuring  sup- 
ported him  in  a  long  and  expensive  war,  well  knowing  he 
bravely  fought  for  the  liberties  of  all  the  Christian  world, 
and  that  they  had  as  great  a  share  as  any  others  in  that 
quarrel ;  wherein  also  his  Majesty  often  ventured  his  royal 
person  with  the  meanest  soldier  in  his  armies.  Beside,  the 
King  considering  this  Province  as  a  barrier  between  the 
French  of  Canada  and  his  other  plantations,  and  therefore 
most  exposed,  was  pleased  to  take  a  peculiar  care  of  you, 
having  been  at  great  expense  this  last  war,  in  paying  for 
four  hundred  men  and  maintaining  a  man  of  war  for  your 
defence  and  constantly  supplying  you  with  stores  of  war. 
These  are  such  obligations  as  I  hope  you  will  not  only  re- 
member in  the  manner  I  have  now  recommended,  but  also 
with  your  earnest  prayers  to  God  for  his  Majesty's  long 
life  and  prosperous  reign  over  you. 


1  A  revenue  law,  chap.  81,  was  passed  on  the  15th  of  May,  which  was  to 
continue  in  force  six  years. 

2  Payment  of  public  debts  was  provided  for  by  an  act,  chap.   73,  passed 
May  16. 

6 


82  MESSAGES  FROM  THE  GOVEKNOB. 

The  next  thing  I  recommend  to  you,  is  the  reconciling  of 
people  and  parties,  which  will  be  a  glorious  work,  and  will, 
I  doubt  not,  be  easily  accomplished  by  your  prudent  care. 
You  all  know  the  mischiefs,  both  public  and  private,  that 
feuds  and  divisions  bring  on  a  people  or  nation.  They 
cause  an  interruption  in  trade  by  discord  they  make  in  pri- 
vate families  and  friendships;  and  next  to  a  civil  war,  it 
is  the  most  unhappy  state  and  condition  a  country  can  be  in. 
I  will  heartily  join  with  you  in  such  methods  as  shall  be 
thought  advisable  for  the  procurement  of  a  thorough  recon- 
ciliation of  parties.  And  that  you  may  induce  others  to  be 
peaceably  and  charitably  minded,  I  earnestly  recommend 
to  you,  Gentlemen  Representatives,  that  you  manage  your 
debates  and  proceedings  in  your  house  with  that  calmness 
and  moderation  that  becomes  the  prudence  of  men  that  are 
under  such  a  trust  from  their  country.  The  present  con- 
juncture requires  it  at  your  hands ;  the  King  will  thank  you, 
the  world  will  applaud  you  for  it,  and  God  will  bless  and 
prosper  you  and  your  affairs. 

I  must  acquaint  you  with  the  circumstances  of  our  five 
Nations  of  Indians,  with  whom  I  had  a  conference  this  last 
summer  at  Albany,  and  then  fixed  their  friendship  and 
fidelity  to  the  crown  by  extraordinary  presents  and  kind 
usage;  and  they  parted  with  me  in  all  the  good  humor 
imaginable.  But  I  am  lately  advised  they  are  grown  very 
uneasy  and  dissatisfied  at  the  French  Governor  of  Canada 's 
detaining  some  of  their  friends '  prisoners,  notwithstanding 
the  late  treaty  of  peace,  which  is  a  very  unfair  practice  in 
that  Governor.  You  shall  have  all  the  memorials  and  pro- 
ceedings with  our  Indians  laid  before  you,  that  you  may 
advise  me  what  measures  to  take  for  preserving  them  firm 
to  the  interest  of  the  crown  and  this  Province,  which  is  a 
thing  of  very  great  consequence,  and  deserves  as  much  as 
anything  whatsoever  to  be  the  subject  of  vour  thoughts  and 
determination. 

I  am  ordered  by  the  King's  instructions  to  prepare  and 
offer  you  two  or  three  bills  for  your  passing,  which  will  be 


I 

EAKL  OF  BELLOMONT,  1699.  83 

for  the  service  of  the  province.  And  such  other  bills  as  you 
shall  judge  proper  to  offer  me  for  securing  your  liberties, 
and  advancing  your  trade,  I  promise  you  my  assent  to 
their  passing  into  laws,  provided  they  be  not  repugnant  to 
the  laws  and  interest  of  England.  f 

SPECIAL  MESSAGES. 

March  23.  Informing  the  Assembly  that  to  prevent 
smuggling  at  Oyster  Bay  and  other  points  in  the  vicinity, 
he  had  appointed  John  Townsend  *  *  surveyor  and  searcher  ' ' 
of  customs  there.  That  Townsend  had  reported  to  the 
Governor  that  he  had  *  *  met  with  such  discouragement,  by 
the  abuses  and  menaces  of  the  inhabitants  of  the  said 
Oyster  Bay,"  that  he  dared  not  execute  the  office,  and  there- 
fore desired  to  be  discharged  from  the  same,  and  had  sur- 
rendered his  commission.  The  subject  was  submitted  to  the 
legislature  for  its  consideration,  with  a  suggestion  that 
some  course  be  taken  "to  prevent  unlawful  importations 
and  exportations  there,  and  in  all  other  places  in  this 
Province. ' ' 

March  31.  Thanking  the  Assembly  for  its  address 
acknowledging  his  services  in  preserving  the  friendship  of 
the  Indians. 

April  5.  Transmitting  letters  and  papers  relating  to  the 
Five  Nations  of  Indians,  and  recommending  that  the 
Assembly  immediately  consider  the  matter,  "  as  likewise 
the  whole  business  of  the  Indians."  A  conference  com- 
mittee was  appointed  on  Indian  affairs. 

April  11.  Suggesting  the  erection  of  a  "  handsome  well 
contrived  townhouse,  wherein  the  Governor,  Council  and 
Assembly  may  hold  their  sessions,  and  also  their  inferior 
courts  of  justice,  and  where  the  mayor  of  New  York  may 
keep  or  hold  his  courts;"  also  a  good  and  sufficient  jail  in 
the  city  of  New  York.3 


3  An  act,  chap.  82,  passed  on  the  L6th  of  May,  authorized  the  city  of  New 
York  to  erect  a  city  hall  and  other  public  buildings. 


84  MESSAGES  FROM  THE  GOVERNOR. 

April  11.  Eecommending  a  law  * '  for  the  regular  and 
fair  choosing ' '  of  members  of  Assembly,  which  it  was  be- 
lieved would  be  ' '  very  useful  and  will  prevent  disputes  and 
quarrels  which  formerly  often  happened  at  elections."4 

April  13.  Notifying  the  Assembly  that  he  had  added  a 
clause  to  the  instructions  to  the  commissioners  appointed 
to  carry  a  message  to  the  Indians  to  the  effect  that  ' '  if  the 
French  or  French  Indians  made  any  insult  upon  them,  they 
would  do  well  to  resist,  force  by  force. ' ' 

April  28.  Eequesting  a  conference  on  the  revenue  bill, 
and  suggesting  the  withdrawal  of  the  proposed  table  of  fees 
for  the  reason  that  authority  to  establish  fees  had,  by  the 
Governor's  commission,  been  vested  in  the  Governor  and 
Council. 

May  1.  Recommending  that  provision  be  made  for  pay- 
ing the  public  debt.  (See  note  2.) 

May  4.  Recommending  legislation,  if  deemed  expedient, 
to  relieve  the  owner  of  the  ship,  The  Fortune,  from  the 
consequences  of  a  judgment  in  admiralty  condemning  it 
"  for  trading  hereunto  being  foreign  built." 

May  11.     Transmitting  a  schedule  of  official  fees. 

May  13.  Recommending  action  relative  to  the  claim 
presented  by  Robert  Livingston. 

May  15.  Informing  the  Assembly  that  his  Majesty  had 
appointed  James  Graham,  Speaker  of  the  Assembly,  a  mem- 
ber of  the  Council,  and  requesting  the  Assembly  to  elect  an- 
other Speaker.  Abraham  Gouverneur  was  then  chosen  to 
succeed  Mr.  Graham  as  Speaker. 

May  16.  The  session  closed  with  the  following  speech 
from  the  Governor,  after  which  the  Assembly  was  pro- 
rogued to  the  20th  of  September : 

"  I  thank  you  for  the  testimony  you  have  given  of  your 
duty  and  good  affection  to  the  King  in  continuing  the  rev- 
enue, and  for  all  the  other  public  laws  that  have  passed 
this  session. 

•*  A  law  passed  on  the  16th  of  May,  chap.  74,  regulated  elections  of 
members  of  Assembly. 


I 

EARL  OF  BELLOMONT,  1700.  85 

I  also  thank  you  for  the  kindness  and  respect  you  have 
showed  myself  on  all  occasions ;  I  am  only  troubled  that  the 
length  of  the  session  has  been  such  as  will  occasion  an  in- 
crease of  charge  to  the  country,  but  you  can  all  bear  me 
witness  the  fault  of  it  is  not  imputable  to  me,  for  I  have 
done  all  that  became  me  to  dispatch/ business  as  it  came 
before  me. 

I  could  wish  you  had  thought  of  a  bill  to  reconcile  par- 
ties. It  is  what  I  expected  from  you,  and  since  you  have 
omitted  it,  I  earnestly  recommend  to  you,  that  you  will 
now  at  your  going  home  into  your  respective  countries,  put 
all  lawful  means  in  practice  to  preserve  the  King's  peace, 
and  not  only  so,  but  that  you  also  use  the  most  effectual 
means  to  persuade  your  neighbors  to  peace  and  entire 
reconciliation  with  one  another,  which  is  a  duty  they  owe 
to  God,  and  will  be  pleasing  to  the  King,  who  as  a  true 
father  of  his  people,  loves  their  prosperity  and  happiness, 
which  consists  chiefly  in  a  perfect  good  understanding  and 
union  among  themselves." 


170O.     JULY.     SEVENTH  ASSEMBLY,  SECOND  SESSION. 


EARL  OF  BELLOMONT,  Governor. 

At  the  close  of  the  last  session,  the  Assembly  was  pro- 
rogued to  the  20th  of  September,  1699.  It  did  not  meet  on 
that  day,  but  was  continued  by  several  prorogations  to  the 
25th  of  July,  1700.  There  was  no  quorum  until  the  29th, 
and  on  that  day  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  I  thought  a  sessions  of  the  General  Assem- 
bly absolutely  necessary  at  this  time,  that  you  might  advise 
such  measures  as  will  best  secure  the  Five  Nations  of  Indians 
in  their  obedience  to  the  Crown,  which  all  of  you  know  is  of 
the  last  consequence  to  this  and  all  the  rest  of  the  English 
plantations  in  America.  Our  neighbors  of  Canada  know 


86  MESSAGES  FKOM  THE  GOVERNOR. 

the  value  of  the  Five  Nations  to  us,  and  therefore  with  inde- 
fatigable pains  are  every  day  seducing  them  from  us  by 
their  Jesuits;  and  it  is  said  that  such  of  them  as  will  not 
be  seduced  are  many  of  them  taken  off  by  poison. 

The  proper  remedies  against  these  growing  mischiefs 
the  Indians  themselves  have  chalked  out  to  us.  They  have 
often  pressed  me  with  great  instance  that  they  may  have 
Protestant  ministers  to  instruct  them  in  the  Christian 
religion,  and  a  fort  to  cover  them  from  the  incursions  of 
the  French  and  their  Indians.1  I  hope  there  will  be  a  way 
found  out  to  furnish  them  with  ministers  from  England, 
but  for  a  fort,  that  belongs  to  you  to  provide.  I  am  always 
very  tender  of  engaging  you  in  things  of  expense,  but  the 
building  a  fort  to  secure  the  Indians  and  satisfy  them,  is 
such  an  expense  as  I  believe  every  man  of  you  will  think 
indispensably  necessary,  and  that  it  should  be  built  also 
out  of  hand  that  the  Indians  may  be  encouraged  by  seeing 
there  is  care  taken  for  their  protection. 

GENTLEMEN  OF  THE  HOUSE  OF  REPRESENTATIVES. —  I  hope 
there  needs  no  other  argument  than  that  I  have  now  offered 
to  quicken  you  to  the  giving  such  a  supply  as  may  build  a 
fort  in  the  most  convenient  part  of  the  country  for  defence 
of  the  Five  Nations.  You  need  not  be  told  how  much  the 
honor  and  interest  of  the  Crown,  and  your  own  private 
interest  are  engaged  in  the  right  management  and  preser- 
vation of  those  Indians,  and  you  cannot  give  the  King  a 
better  testimony  of  your  duty  and  affection  to  his  Majesty's 


i  A  fort  was  provided  for  by  an  act,  chap.  86,  passed  August  9,  1700, 
appropriating  one  thousand  pounds  for  this  purpose.  The  act  imposed  duties 
on  certain  imports  and  exports,  some  of  which  were  new.  The  Council  while 
approving  the  bill,  expresssed  the  opinion  that  the  manner  of  raising  the 
money  would  be  "  pernicious  to  the  trade  of  this  Province,  and  destructive 
to  his  Majesty's  established  revenue  within  the  same,  especially  of  such 
branches  thereof  as  this  new  additional  duty  is  charged  on."  The  Governor 
concurred  in  the  Council's  opinion  as  to  the  effect  of  the  bill  on  the  trade  of 
the  Province,  and  said  the  Assembly  had  "  in  a  strange  manner  demonstrated 
their  loyalty  and  affection  to  his  Majesty,"  but  that  under  the  circumstances 
he  thought  it  fit  to  pass  the  bill. 


I 

EARL  OF  BELLOMONT,  1700.  87 

person  and  government  than  by  a  cheerful  compliance  with 
what  has  been  now  proposed  to  you.  I  would  offer  to  you 
the  passing  some  necessary  laws,  but  that  I  consider  it  is 
harvest  time,  and  I  will  give  as  short  an  interruption  to 
your  country  affairs  as  I  can,  besides,  <J  have  appointed  a 
meeting  and  conference  with  the  sachems  of  the  Five 
Nations  next  week  at  Albany  which  I  intend  accordingly 
to  perform. 

SPECIAL  MESSAGES. 

July  31.  Informing  the  Assembly  of  the  appointment 
from  the  Council  of  members  of  a  conference  committee  on 
that  part  of  the  Governor's  speech  "  relating  to  building 
a  fort  for  securing  the  Five  Nations  of  Indians." 

August  2.  Governor  Bellomont  in  his  speech  at  the 
opening  of  the  session  had  recommended  that  a  fort  be 
built  at  some  convenient  place  for  the  defence  and  pro- 
tection of  the  Five  Nations  of  Indians.  It  seems  that  the 
Assembly  doubted  the  necessity  of  such  a  fort,  assigning 
as  reasons  "  the  remoteness  of  the  place  where  they  sup- 
pose it  may  be  designed,  the  great  difficulty  of  sending 
men  and  other  materials  necessary  for  such  a  work,  and 
that  both  the  charge  of  building  of  it,  garnishing  of  it,  and 
victualling  of  it  will  be  very  great.  That  it  will  be  near 
the  lake  [Ontario],  from  whence  the  French  of  Canada  may 
come  by  water,  and  that  if  such  a  fort  in  time  of  war  should 
by  treachery  or  surprise  be  possessed  by  the  French,  it 
would  be  of  very  ill  consequence  to  this  Province."  The 
Assembly  requested  information  as  to  what  kind  of  ' '  forti- 
fication is  designed,  of  what  materials  it  is  to  be  made, 
how  it  is  to  be  garrisoned  and  maintained,"  and  the  prob- 
able expense  of  its  construction. 

For  the  purpose  of  considering  this  matter  the  Assem- 
bly met  with  the  Council,  and  thereupon  the  Governor  pre- 
sented his  views  concerning  the  proposed  fort,  saying  among 
other  things : 


88  MESSAGES  FROM  THE  GOVERNOR. 

"  The  necessity  of  building  a  fort  for  defence  of  the  In- 
dians is  plain  from  the  repeated  pressing  instances  of  the 
Five  Nations  expressed  in  all  the  messages  they  have  sent 
to  the  Earl  of  Bellomont,  ever  since  his  being  in  the  posses- 
sion of  the  Government  of  this  Province.  The  giving  them 
therefore  the  satisfaction  of  complying  with  their  desire 
(in  the  staggering  condition  they  seem  at  present)  may  well 
pass  for  an  argument  of  necessity,  since  if  we  do  not  humor 
them  so  as  to  retrieve  their  affection,  the  French  will  in- 
fallibly take  advantage  of  our  supineness,  and  will  so  caress 
them  as  in  a  very  short  time  to  debauch  them  entirely  from 
us.  Besides,  let  not  the  difficulty  of  building  a  fort  frighten 
us;  the  French  have  taught  us  the  way;  their  fort  at 
Cadaracque  is  as  remote  from  Canada  as  this  intended  fort 
can  be  from  Albany,  yet  that  distance  did  not  deter  them 
from  building  the  said  fort,  nor  has  it  discouraged  them 
from  furnishing  the  garrison  with  all  sorts  of  provisions. 
Lastly  there  is  another  consideration  which  makes  it  neces- 
sary to  erect  a  fort  immediately  as  much  in  the  center  of 
the  Five  Nations  as  may  be,  for  the  settlement  of  a  good 
minister  or  two  in  the  said  fort,  to  instruct  the  Indians, 
which  can  never  be  otherwise  expected  can  be  complied 
with,  for  no  minister  or  ministers  will  venture  to  go  and 
live  among  the  Indians  out  of  a  fort  and  English  garrison, 
to  the  apparent  and  certain  hazard  of  their  lives,  especially 
now  their  poisoning  is  become  so  common  a  way  of  taking 
away  the  lives  of  men. ' ' 

As  to  the  proper  place  for  such  a  fort,  the  Governor  said 
it  would  be  the  work  of  the  King's  engineer, 

' '  but  it  is  supposed  it  will  be  most  properly  built  some- 
where in  the  Onondaga's  country,  not  only  because  they  are 
in  the  center  of  the  Five  Nations,  but  also  because  a  fort 
built  on  their  land  will  best  confront  the  French  fort  of 
Cadaracque  as  being  contiguous  thereunto,  and  therefore 
most  capable  of  offence  and  defence.  And  in  this  point 
also  it  will  be  proper  to  consult  the  sachems  of  the  Five 
Nations,  and  know  of  them  what  part  of  the  country  will  be 
agreeable  to  them  for  the  building  a  fort,  which  the  said 
Earl  will  do  at  the  conference  he  is  to  have  with  them  this 
next  week  at  Albany.  It  is  intended  the  said  fort  shall  be 
made  of  sod  work  well  ditched  and  palisaded." 


I 

EARL  OF  BELLOMONT,  1700.  89 

The  Governor  thought  the  expense  would  not  exceed  fif- 
teen hundred  pounds.  It  was  proposed  to  garrison  the  fort 
with  "  one  hundred  men  under  command  of  a  captain  who 
is  to  have  two  lieutenants  under  him,  the  said  garrison  to 
be  duly  paid  and  subsisted  at  the  Icing's  charge,  and 
the  said  fort  gunned  with  twenty-four  great  guns  six 
pounders."  The  fort  was  to  be  constructed  under  the 
supervision  of  the  Assembly.  The  Governor  thought  it 
would  not  be  practicable  to  try  to  secure  aid  for  the  enter- 
prise from  neighboring  colonies.  (See  note  1.) 

August  9.  Several  bills  were  approved  and  the  Assem- 
bly was  prorogued  to  the  1st  of  October. 


1700.     OCTOBER.    SEVENTH   ASSEMBLY,   THIRD  SESSION. 


EARL  OF  BELLOMONT,  Governor. 

No  quorum  appeared  until  the  llth.  No  formal  speech 
was  delivered,  but  several  recommendations  were  made 
concerning  proposed  legislation,  which  were  expressed 
more  fully  in  a  communication  sent  to  the  Assembly  on  the 
12th.  These  included  recommendations  for  an  appropria- 
tion of  fifteen  hundred  pounds  for  a  fort  in  the  Onondaga 
country;1  to  investigate  the  public  accounts  during  the  last 
twelve  years  ;2  and  requiring  Albany  to  build  a  town  house 
and  jail. 

The  Council  journal  also  contains  the  following  under 
date  of  the  llth: 

"  The  house  of  representatives  being  present  his  Excel- 
lency recommended  unto  them  the  repealing  the  act  passed 

1  The  original  act  providing  for  a  fort  in  the  Indian  country  was  repealed 
on  the  2d  of  November,  chap.  91.  The  new  act  provided  for  completing  the 
fort,  and  appropriated  one  thousand  pounds  for  that  purpose,  in  addition  to 
five  hundred  pounds  which  had  been  raised  under  the  first  act. 

2An  act,  chap.  90a,  was  passed  on  the  2d  of  November  appointing  com- 
missioners to  ascertain  and  state  the  public  accounts  of  the  Province. 


90  MESSAGES  FROM  THE  GOVERNOR. 

the  last  session  of  the  Assembly  entitled  '  an  act  for  the 
better  securing  the  five  nations  of  Indians  in  their  fidelity 
to  his  Majesty,'  which  will  not  answer  the  end  intended, 
and  hath  been  generally  declared  by  the  merchants  of  this 
province  to  be  pernicious  to  the  trade  thereof,  and  a  diminu- 
tion of  the  revenue  within  the  same,  and  advised  them  to 
pass  a  law  for  the  raising  the  sum  therein  mentioned,  for 
the  use  intended,  and  told  the  mthat  whatsoever  else  he 
had  to  recommend  to  them  should  be  sent  to  them  in 
writing. ' ' 

SPECIAL  MESSAGES. 

November  2.  Several  bills  were  approved,  but  some 
others  relating  to  property  and  the  courts  were  laid  aside. 
The  Governor  said  he  had  received  notice  of  the  appoint- 
ment of  a  Chief  Justice  and  an  Attorney-General  of  the 
Province,  ' '  men  of  study,  knowledge  and  experience  in  the 
law,  who  are  now  daily  expected,  by  whose  advice  and 
assistance  he  hopes  measures  will  be  taken  that  every  per- 
son's property  may  be  effectually  secured  to  him,  and  that 
the  courts  of  judicature  will  be  established  for  the  ease 
and  benefit  of  the  subject  inhabitants  here."  The  Assem- 
bly was  then  prorogued  to  the  first  Wednesday  of  April. 


1701.    APRIL.     SEVENTH   ASSEMBLY,   FOURTH   SESSION. 


INTERREGNUM. 

At  the  close  of  the  last  session  the  Assembly  was  pro- 
rogued to  the  first  Wednesday  (the  second)  of  April,  1701. 
Governor  Bellomont  died  on  the  5th  of  March.  John  Nan- 
fan,  the  Lieutenant-Governor,  was  then  absent  from  the 
Province.  The  Council  was  then  composed  of  seven  mem- 
bers, three  of  whom,  including  William  Smith,  the  eldest 
councilor,  were  then  out  of  the  city.  The  other  four  mem- 
bers met  within  an  hour  after  the  Governor's  death,  and 
having  examined  his  commission  assumed  executive  con- 


1 

THE  GOVERNOR'S  COUNCIL,  1701.  91 

trol  of  affairs.  Their  authority  to  act  was  based  on  the 
clause  in  the  Governor's  commission,  which,  after  devolv- 
ing the  succession  on  the  Lieutenant-Governor  in  case  of 
the  death  or  absence  of  the  Governor,  provided  that  "  if 
upon  such  death  or  absence  there  be  np  person  upon  the 
place  commissionated  or  appointed  by  us  to  be  our  lieu- 
tenant governor  or  commander  in  chief,  our  will  and  pleas- 
ure is,  that  the  then  present  council  of  our  said  Province, 
do  take  upon  them  the  administration  of  the  government, 
and  execute  this  commission  and  the  several  powers  and 
authorities  herein  contained,  relating  to  our  said  Province, 
and  that  the  first  councilor  who  shall  be  at  the  time  of  your 
death  or  absence  residing  within  the  same  do  preside  in 
our  said  Council  with  such  power  and  preheminences  as 
any  former  president  hath  used  and  enjoyed  within  our 
said  Province,  or  any  other  bur  plantations  in  America 
until  our  pleasure  be  further  known,  or  your  return  as 
aforesaid." 

The  four  members  of  the  Council  who  attended  this  meet- 
ing, being  a  majority  of  the  whole  number,  chose  Abraham 
De  Peyster,  the  eldest  councilor  present,  to  preside.  A 
communication  was  sent  to  the  absent  members  requesting 
their  immediate  return  to  New  York,  and  a  proclamation 
was  issued  announcing  the  death  of  the  Governor  and  con- 
firming all  officers,  civil  and  military. 

At  a  meeting  of  the  Council  on  the  13th  Mr.  Smith  was 
present  and  claimed  that  the  executive  authority  was  vested 
in  himself  alone  as  President  of  the  Council.  Councilors 
Schuyler  and  Livingston  were  still  absent.  It  was  resolved 
by  those  present,  Mr.  Smith  dissenting,  that  the  executive 
powers  of  the  government  had  become  vested  in  the  Coun- 
cil, exclusive  of  any  single  member,  and  it  was  further  re- 
solved that  the  eldest  councilor  present  was  entitled  to  pre- 
side, but  that  all  official  documents  be  signed  by  a  majority 
of  the  Council. 

On  the  15th  of  March  the  Council  issued  a  proclamation 
convoking  the  Assembly  on  the  first  Wednesday  in  April, 


92  MESSAGES  FKOM  THE  GOVERNOE. 

according  to  the  prorogation  by  the  late  Governor  Bello- 
mont.  The  Assembly  met  on  the  second  as  required  by  the 
prorogation  and  by  the  proclamation  of  the  Council.  On 
the  4th  the  Assembly  considered  the  question  whether,  by 
reason  of  the  Governor's  death  and  the  absence  of  the 
Lieutenant-Governor,  the  proclamation  by  the  Council  con- 
voking the  Assembly  confirmed  the  right  to  sit  according 
to  the  tenor  of  the  writs  under  which  the  Assembly  had 
been  chosen,  and  determined  that  it  had  such  right. 

On  the  15th  of  April  the  Assembly  adopted  a  resolution 
1 '  to  inquire  in  whom  the  administration  of  the  govern- 
ment "  was  vested  by  reason  of  the  Governor's  death  and 
the  Lieutenant-Governor's  absence,  and  on  the  16th  de- 
clared by  resolution  that  "  the  administration  of  the  gov- 
ernment of  this  Province,  and  the  execution  of  his  Maj- 
esty's commission,  granted  to  the  late  Earl  of  Bellomont, 
for  the  government  of  this  Province,  is  by  the  death  of  the 
said  Earl,  and  the  absence  of  the  Lieutenant  Governor, 
invested  in  his  Majesty's  Council  of  this  Province,  in 
which  the  eldest  councilor  residing  in  the  said  Province, 
is  to  preside  with  the  power  and  pre-eminences  thereto 
belonging;  but  that  the  administration  of  said  government 
and  the  execution  of  said  commission,  is  not  vested  in  the 
eldest  councilor,  nor  any  other  single  member  of  the  Coun- 
cil." This  view  of  the  powers  of  the  Council  was  sus- 
tained by  the  home  government  as  appears  from  a  com- 
munication from  the  Lords  of  Trade  to  Lieutenant-Gov- 
ernor  Nanfan,  dated  the  20th  of  August,  1701,  in  which  it 
is  said  that  Governor  Bellomont's  commission  did  not  con- 
fer any  distinct  powers  on  the  president  separate  from  the 
rest  of -the  Council. 

No  legislation  was  enacted  at  this  session,  but  the  Coun- 
cil recommended  to  the  Assembly  that  measures  be  adopted 
for  the  early  completion  of  the  fort  in  the  Indian  country; 
that  commissioners  be  appointed  to  meet  the  Indian 
sachems  on  their  expected  visit  to  Albany;  that  provision 


JOHN  NANFAN,  1701.  93 

be  made  for  continuing  the  service  of  the  King's  troops 
in  the  Province;  that  steps  be  taken  to  prevent  further 
desertions  from  the  garrison  in  New  York;  that  the  forts 
at  Albany  and  Schenectady  be  immediately  repaired,1  and 
that  provision  be  made  to  complete  an  agreement  made  by 
Governor  Bellomont  to  purchase  masts  and  other  timber 
for  the  King's  navy. 

April  19th  the  Council  replying  to  an  address  by  the 
Assembly  suggested  that  the  Assembly  adjourn  to  the  first 
Tuesday  of  June.  The  Assembly  thereupon  adjourned  to 
the  first  Tuesday  of  June,  but  on  the  1st  of  June  Lieutenant- 
Governor  Nanfan,  who  had  returned  to  the  Province,  dis- 
solved the  Assembly  by  a  proclamation,  which  recited  that 
"  warm  debates  "  had  arisen,  and  some  misunderstandings 
have  happened  "  about  the  right  of  administration  of  gov- 
ernment, and  particularly  in  the  house  of  representatives, 
concerning  the  legality  of  their  sitting  since  the  late  Earl 
of  Bellomont 's  decease,"  wherefore  it  was  deemed  desir- 
able to  put  an  end  to  all  differences  and  misunderstandings 
by  a  dissolution  of  the  Assembly. 


1701.     AUGUST.     EIGHTH   ASSEMBLY,  FIRST  SESSION. 


JOHN  NANFAN,  Lieutenant-Governor. 

On  the  1st  of  July,  1697,  John  Nanfan  was  appointed 
Lieutenant-Governor  of  New  York  under  the  Earl  of  Bello- 
mont, who  had  been  appointed  Governor  on  the  18th  of 
June.  The  Lieutenant-Governor's  commission  devolved  on 
him  the  powers  of  the  government  in  case  of  the  death  or 
absence  of  the  Governor.  When  Governor  Bellomont  died 
on  the  5th  of  March,  1701,  Lieutenant-Governor  Nanfan 
was  absent  at  Barbadoes  on  private  business.  He  returned 


1  An  act   for   repairing  the   forts  at  Albany  and   Schenectady,   was  passed 
October  18,   1701,  chap.  104. 


94  MESSAGES  FROM  THE  GOVERNOR. 

to  New  York  May  19,  and  assumed  the  powers  and  duties 
of  the  office  of  Governor,  which  he  continued  to  exercise 
until  the  accession  of  Lord  Cornbury,  May  3,  1702. 

It  seems  that  the  controversy  over  the  powers  of  the 
Council  after  Governor  Bellomont's  death  produced  a 
change  in  the  rule  as  to  the  gubernatorial  succession.  Be- 
ginning with  the  commission  to  Governor  Lovelace  in  1708,. 
the  succession  was  expressly  devolved  on  the  eldest  coun- 
cilor if  the  Governor  and  Lieutenant-Governor  were  both 
incapacitated,  and  this  rule  continued  through  the  remain- 
der of  the  colonial  period. 

The  eighth  Assembly  met  on  the  19th  of  August,  1701,  at 
which  time  Lieutenant-Governor  Nanfan,  in  the  presence 
of  both  houses,  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  As  I  am  empowered  by  his  Majesty,  by 
the  consent  of  the  Council  and  you  the  representatives,  to 
provide  for  the  public  peace,  welfare  and  good  govern- 
ment, and  for  the  benefit  of  his  Majesty,  his  heirs  and  suc- 
cessors, for  these  ends  have  I  now  called  you  together,  to 
which  I  am  and  shall  be  ready  to  contribute  all  that  lies 
in  my  power,  and  hope  I  shall  meet  with  .the  like  disposi- 
tion in  you. 

I  cannot  but  take  it  as  a  presage  of  the  future  success 
of  my  endeavors  for  the  good  of  this  Province,  that  at  this 
time,  when  the  danger  of  war  makes  it  requisite  to  be  well 
assured  of  the  fidelity  of  our  Five  Nations  of  Indians, 
they  have  not  only  repeated  their  assurances  in  such  a 
manner  as  has  been  sacred  among  them,  but  conveyed  to 
the  Crown  of  England  a  vast  tract  of  land  of  great  conse- 
quence for  preventing  their  necessity  of  submitting  to  the 
neighboring  power.* 


[a]  According  to  the  treaty  the  tract  was  800  miles  long  and  400  miles  wide.     Col.  Doc. 
ol.  4,  p. 


Vol.  4,  p.  888. 


I 

JOHN  NANFAN,  1701.  95 

His  Majesty,  who  is  a  most  indulgent  father  to  his  people, 
has  manifested  a  particular  care  over  you ;  besides  the  con- 
stant charge  of  the  additional  forces,  he  has  out  of  his  own 
exchequer  supplied  two  thousand  five  hundred  pounds 
sterling  for  forts  and  eight  hundred  pounds  in  seasonable 
gifts  to  the  Indians,  and  for  the  better  administration  of 
justice  among  you  has  settled  three  hundred  pounds  a  year 
upon  a  Chief  Justice  and  one  hundred  and  fifty  upon  an 
Attorney-General;  all  which  are  of  that  importance  to  you 
that  so  much  money  may  well  be  thought  spared  out  of 
your  purses. 

I  persuade  myself  I  need  not  press  this  as  a  motive  for 
your  continuing  the  act  entitled  "An  act  for  raising  an 
additional  duty  for  the  defraying  the  debts  of  the  govern- 
ment, ' '  which  expired  in  May  last,  and  it  may  deserve  your 
consideration  whether  the  last  act  for  granting  his  Majesty 
several  duties  for  defraying  the  public  charge  of  the  gov- 
ernment wants  not  some  amendments  to  make  it  more 
effectual.1  You  cannot  but  know  that  your  own  interests 
and  preservation  are  nearly  concerned  in  the  support  of 
the  government. 

This  I  hope  may  prevail  with  you  to  lay  aside  all  heats 
and  animosities  and  to  proceed  unanimously  to  those  things 
that  may  tend  to  the  security  and  happiness  of  this  Province. 

I  should  think  that  every  man  should  be  sensible  that 
unity  and  unanimity  is  at  this  time  more  necessary  than  it 
has  ever  been  since  your  being  under  the  protection  of  the 
Crown  of  England. 

As  I  can  answer  for  the  sincerity  of  my  own  intentions, 
I  doubt  not  but  you  will  find  a  concurrence  in  the  Council, 
and  I  hope  we  shall  every  one  strive  who  shall  excel  in 
zeal  for  the  good  of  this  Province  and  the  service  of  his 
Majesty  King  William,  whom  God  long  preserve  to  reign 
over  us. 


i  October  18th.  a  revenue  act  was  passed,  chap.  100,  which  was  to  continue 
in  force  two  years. 


96  MESSAGES  FROM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

August  27.  Becommending  an  immediate  examination 
of  the  accounts  of  Stephen  Cortlandt,  "  late  one  of  the 
commissioners  for  managing  the  office  of  collector  and 
receiver  general;"  that  the  Assembly  order  the  presenta- 
tion of  a  report  by  the  commissioners  appointed  under  the 
act  of  1700,  providing  for  an  examination  of  State  ac- 
counts;2 and  that  the  Assembly  consider  measures  for  the 
defence  of  the  Province. 

September  16.  Thanking  the  Assembly  for  a  compli- 
mentary address. 

October  7.  Transmitting  a  petition  by  inhabitants  of 
New  York  "  desiring  the  wharf  between  the  Wall  Street 
and  Burger's  Path,  may  be  ordained  a  common  and  public 
landing  place." 

October  18.  The  Assembly  was  prorogued  to  the  third 
Tuesday  in  March  next.  On  the  2d  day  of  March  it  was 
again  prorogued  to  the  third  Tuesday  in  April. 


1702.     APRIL.    EIGHTH   ASSEMBLY,   SECOND   SESSION. 


JOHN  NANFAN,  Lieutenant-Governor. 

The  Assembly  met  on  the  21st  of  April,  and  the  next  day 
the  Lieutenant-Governor  delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN. —  The  cheerfulness  with  which  the  sound 
part  of  you  gave  the  additional  revenue,  and  the  modera- 
tion which  you  showed  to  others,  assured  me  of  an  happy 
effect  of  this  meeting. 


2  The  Commissioners  of  Accounts  presented  a  report  on  the  28th  of  August, 
1701. 


I 

JOHN  NANFAN,  1702.  97 

Indeed,  I  had  promised  myself  that  the  proceedings  of 
your  whole  body  would  have  been  agreeable  to  that  unity 
and  unanimity  which  I  so  earnestly  recommended  to  you 
at  the  opening  of  the  last  sessions,  but  they  who  refused 
to  join  with  you  in  serving  his  Majesty  and  the  public 
have  since  made  it  more  evident  than  I  could  have  imagined 
that  nothing  less  than  having  the  government  in  their  hands 
could  satisfy  them,  and  their  chief  managers  have  shown 
such  disaffection  to  his  Majesty  and  his  government  as 
nothing  but  the  execution  of  the  laws  can  conquer. 

If  there  be  any  points  wherein  the  law  of  England  can- 
not yet  have  its  full  course  here,  through  the  different  cir- 
cumstances of  place,  I  shall  be  ready  to  concur  with  you  in 
proper  methods  for  supplying  such  defects,  and  in  all  other 
matters  which  you  can  reasonably  propose  for  the  good 
of  this  Province. 

I  think  it  my  duty  to  recommend  to  you  the  considera- 
tion of  proper  methods  for  the  support  of  the  public  credit, 
that  the  soldiers  may  be  more  certain,  and  the  fortifications 
put  into  a  good  posture  of  defence,  and  I  doubt  not  but 
your  loyalty  to  his  Majesty  King  William  will  prompt 
you  to  show  your  resentment  of  the  indignity  offered  his 
Majesty  and  the  English  nation  by  the  French  King  in 
pretending  to  set  up  an  impostor  for  King  of  England  and 
those  other  dominions  of  which  France  itself  is  known  to 
be  part,1  being  within  his  present  Majesty's  rightful  style. 

And  in  humble  imitation  of  the  great  example  of  the 
common  father  of  us,  and  his  numerous  happy  people,  I 
cannot  but  press  that  there  be  no  distinction  heard  of 
among  us  for  the  future  but  of  those  who  are  for  the 


1  April  22d,  the  Assembly  adopted  a  resolution  declaring  its  resentment 
against  "  the  indignity  offered  his  Majesty  and  the  English  Nation,  by  tha 
French  King,  in  pretending  to  set  up  an  impostor  for  King  of  England 
and  the  dominions  thereunto  belonging,  assuring  his  Majesty,  that  this 
House  is,  and  always  will  be  ready,  to  the  utmost  of  their  power,  to  defen'd 
his  Majesty's  undoubted  right  to  the  imperial  crown  of  England." 

7 


98 

Protestant  religion,  and  the  present  establishment,  and  of 
those  who  mean  a  popish  prince  and  a  French  government. 
May  3.     The  Eighth  Assembly  was  dissolved  by  Gov- 
ernor Cornbury. 


1702.     OCTOBER.     NINTH   ASSEMBLY,   FIRST   SESSION. 


LORD  CORNBURY,  Governor. 

Governor  Cornbury  was  first  appointed  by  "William  III, 
September  9,  1701.  William  died  March  8,  1702,  and  was 
succeeded  by  Queen  Anne,  who  issued  a  new  commission 
to  Governor  Cornbury  bearing  date  December  5,  1702. 
In  both  commissions  he  is  described  as  * '  Edward  Hyde, 
commonly  called  Lord  Cornbury."  He  was  also,  by  a 
separate  commission,  appointed  Governor  of  New  Jersey. 
He  arrived  in  New  York  on  the  3d  of  May,  1702,  and  on 
the  same  day  dissolved  the  Assembly.  Writs  of  election 
were  issued  for  a  new  Assembly,  which  met  October  20, 
1702,  at  Jamaica.  The  same  day  the  Governor  delivered 
the  following 

OPENING  SPEECH. 

GENTLEMEN.—  When  I  first  left  England  to  come  into  this 
Province  I  did  resolve  at  my  first  arrival  to  call  a  General 
Assembly,  hoping  to  find  all  things  here  in  so  good  a  pos- 
ture that  I  should  have  had  nothing  to  do  but  to  apply  my- 
self, with  your  assistance,  to  the  putting  this  country  into 
a  posture  of  defence  against  the  war,  which  I  expected  every 
day  would  break  out.  It  was  an  extreme  surprise  to  me  to 
find  this  Province  at  my  landing  in  such  a  convulsion  as 
must  unavoidably  have  occasioned  its  ruin  if  it  had  been 
suffered  to  have  gone  on  a  little  longer. 

The  many  complaints  that  were  brought  to  me  against  the 
persons  I  found  here  in  power,  sufficiently  proved  against 
them,  and  the  miserable  accounts  I  had  of  the  condition  of 


I 

LORD  CORNBURY,  1702.  99 

our  frontiers,  made  me  think  it  convenient  to  delay  my  meet- 
ing of  you  in  General  Assembly  till  I  could  inform  myself 
in  some  measure  of  the  condition  of  this  Province,  that  I 
might  be  able  to  offer  to  your  consideration  some  few  of 
those  things  which  will  be  necessary/ to  be  done  forthwith 
for  the  defence  of  the  country. 

The  first  thing  which  I  earnestly  recommend  to  the  care 
of  you,  Gentlemen  of  the  House  of  Representatives,  is  the 
providing  for  the  defence  of  the  city  and  port  of  New  York, 
which  seem  to  me  to  be  much  exposed  j1  and  likewise  for  the 
defence  of  our  frontier,2  which  I  have  found  in  a  much 
worse  condition  than  I  could  have  imagined;  the  soldiers 
being  naked  and  almost  unarmed,  and  the  forts  in  reality 
defenceless,  so  that  it  will  be  absolutely  necessary  in  the 
first  place  to  provide  such  sums  of  money  as  may  be  neces- 
sary for  the  making  some  works  that  will  be  proper  for  the 
defence  of  the  country,  and  for  the  raising  of  200  men, 
which  I  think  absolutely  necessary  to  be  placed  at  Albany 
and  Schenectady  for  the  defence  of  the  frontiers  this  win- 
ter. I  hope  the  representations  I  have  sent  home  will  have 
that  good  effect  that  her  Majesty  will  give  such  directions 
that  the  burthens  here  may  be  made  lighter;  however,  in 
this  time  of  exigency,  I  earnestly  recommend  to  you  a  dis- 
patch of  these  things,  and  you  may  assure  yourselves  that 
whatever  sums  shall  be  granted  by  you  shall  be  applied  to 
those  uses  only  for  which  they  were  given,  of  which  you 
shall  have  an  account  at  your  next  meeting. 

There  are  some  other  things  I  think  it  my  duty  to  recom- 
mend to  you,  particularly  the  preparing  a  good  bill  for  the 
better  regulating  the  militia  of  this  Province,3  another  for 

1  An  act.   chap.    118,   passed   November   27th,   was   intended   to   carry   this 
recommendation   into  effect,   authorizing   the   raising   of  taxes   in  New   York 
for  various  public  purposes,  including  a  military  guard. 

2  The    act    of    November    7th,    chap.    112,    appropriated    eighteen    hundred 
pounds  for  the  purpose  of  maintaining  one  hundred  and   fifty  fusileers  and 
their  officers,  and  thirty  scouts  for  the  defence  of  the  frontier. 

3  A  militia  law,  chap.  114.  was  passed  November  27th. 


100  MESSAGES  FROM  THE  GOVERNOB. 

the  erecting  of  public  schools  in  proper  places,4  another  for 
appointing  a  convenient  number  of  fit  persons  to  exam- 
ine and  state  the  public  accounts  and  debts  of  this  Prov- 
ince,5 that  when  the  debts  are  known  such  proper  methods 
may  be  taken  for  the  payment  of  them  in  due  time  as  will 
best  suit  the  condition  of  the  Province ;  these  and  all  other 
bills  which  shall  appear  to  be  necessary  to  be  passed  into 
acts  for  the  good  of  this  country,  and  for  the  preservation 
and  encouragement  of  the  people,  shall  always  find  a  ready 
compliance  from  me. 

Now,  Gentlemen,  I  have  no  more  to  trouble  you  with  but 
to  assure  you,  in  the  name  of  the  great  Queen  of  England, 
my  Mistress,  that  you  may  safely  depend  upon  all  the  pro- 
tection that  good  and  faithful  subjects  can  desire  or  expect 
from  a  sovereign,  whose  greatest  delight  is  in  the  welfare 
of  her  people ;  under  whose  auspicious  reign  we  are  sure  to 
enjoy  what  no  nation  in  the  world  dares  claim  but  the  sub- 
jects of  England,  I  mean  the  free  enjoyment  of  the  best 
religion  in  the  world,  the  full  possession  of  all  lawful  lib- 
erty, and  the  undisturbed  enjoyment  of  our  freeholds  and 
properties;  these  are  some  of  those  many  benefits  which  I 
take  the  inhabitants  of  this  Province  to  be  well  entitled  to 
by  the  laws  of  England,  and  I  am  glad  of  this  opportunity 
to  assure  you,  that  as  long  as  I  have  the  honor  to  serve  the 
Queen  in  the  government  of  this  Province,  those  laws  shall 
be  put  in  execution  according  to  the  intent  with  which  they 
were  made;  that  is,  for  the  preservation  and  protection  of 
the  people,  and  not  for  their  oppression.  I  heartily  rejoice 


*  A  grammar  free  school  —  the  first  in  the  Province  —  was  established  in 
the  city  of  New  York  by  an  act,  chap.  120,  passsed  November  27th.  Accord- 
ing to  the  preamble  the  act  was  asked  for  by  the  mayor,  aldermen  and  c«m- 
monalty  of  New  York.  It  provided  for  the  appointment  of  a  schoolmaster 
at  an  annual  salary  of  fifty  pounds.  The  school  was  free  to  all  male  children 
of  English,  Dutch  and  French  parents.  The  act  was  to  continue  in  force 
seven  years.  , 

5  This  subject  was  included  in  an  act,  chap.  122,  passed  November  27th, 
which  created  a  commission  to  examine  and  state  the  revenues  and  accounts 
of  the  colony. 


LORD  CORNBURY,  1703.  101 

to  see  that  the  free  choice  of  the  people  has  fallen  upon 
gentlemen  whose  constant  fidelity  to  the  Crown,  and  un- 
wearied application  to  the  good  of  their  country,  is  so  uni- 
versally known. 

SPECIAL  MESSAGES. 

October  23.  Requesting  the  Assembly  to  appoint  mem- 
bers of  a  joint  committee  to  prepare  an  address  "  congratu- 
lating her  Majesty  [Queen  Anne]  on  her  happy  accession 
to  the  Crown.  * '  This  address  was  approved  on  the  24th. 

October  23.  Informing  the  Assembly  ' '  of  the  usage  and 
custom  of  the  Parliament  of  England,  to  appoint  a  chap- 
lain to  read  prayers  to  them  every  morning,  before  they 
proceed  on  business  "  that  day,  and  desiring  the  Assembly 
to  do  the  same.  This  was  agreed  to  by  the  Assembly. 

October  29.  Appointing  Edward  Cole  sergeant-at-arms 
of  the  Assembly;  recommending  a  bill  to  provide  for  the 
examination  of  the  debts  and  revenue  of  the  colony.  (See 
note  5.) 

November  12.  Recommending  the  enactment  of  a  law 
prescribing  the  property  qualifications  of  jurors. 

November  14.  Adjourning  the  Assembly  from  Jamaica 
to  New  York  to  meet  on  the  following  Monday. 

November  24.  The  Assembly  was  adjourned  to  the  first 
Tuesday  (6th)  of  April,  1703. 


1703.     APRIL.     NINTH  ASSEMBLY,  SECOND  SESSION. 


LORD  CORNBURY,  Governor. 

The  Assembly  had  been  adjourned  to  the  6th  of  April. 
On  the  13th  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  I  am  glad  to  see  so  many  of  you  now  met 
together,  in  pursuance  of  the  adjournment  in  November 


102  MESSAGES  FEOM  THE  GOVERNOR. 

last,  and  I  do  not  at  all  doubt  but  that  you  come  resolved 
to  do  whatever  shall  be  found  necessary  for  the  advance- 
ment of  the  interest  of  the  great  Queen  of  England,  my 
Mistress,  and  for  the  good  and  welfare  of  your  country, 
which  are  both 'one. 

You  did  in  November  last  grant  a  considerable  sum  of 
money  to  her  Majesty  for  the  paying  of  such  a  number  of 
men  as  was  thought  necessary  to  be  sent  up  to  Albany  for 
the  defence  of  the  frontiers  this  last  winter;  which  service 
hath  been  performed,  though  I  must  observe  to  you  that 
the  supplies  granted  for  that  purpose  have  as  yet  come  in 
but  very  slowly. 

I  think  it  proper  to  acquaint  you  that  two  of  the  acts 
passed  last  November  will  require  your  further  considera- 
tion; the  first  is,  An  act  for  the  better  settling  the  militia 
of  this  Province;  the  second,  An  act  for  appointing  and 
enabling  commissioners  to  take,  state  and  examine  the  ac- 
counts of  the  revenue  of  this  colony,  and  the  necessary  con- 
tingent charge  of  the  government.  The  first  contains  an 
enacting  clause  which  lays  a  penalty  of  six  pounds  upon  any 
persons  that  shall  be  detached  out  of  the  militia,  and  shall 
not  appear  at  the  time  and  place  appointed  and  perform 
the  service  required  of  him,  to  be  applied  to  the  use  of  him 
who  is  a  defaulter;  this  penalty  is  to  be  recovered  in  the 
Courts  of  Pleas,  which  sits  so  seldom  that  the  offenders 
conceive  great  hopes  that  their  offences  may  be  forgotten 
before  the  time  comes  for  recovering  their  forfeitures; 
therefore,  I  think  it  would  be  convenient  that  a  more  speedy 
method  may  be  provided  for  recovering  the  said  penalty, 
which  will  make  men  more  cautious  of  offending,  and  will 
be  a  better  encouragement  to  those  that  ought  to  reap  the 
benefit  of  s.uch  forfeitures.1 

In  the  other  act  you  have  appointed  gentlemen  very 
capable  of  executing  the  trust  reposed  in  them,  but  for  want 


i  June  ]9th  an  act  was  passed,  chap.  135,  intended  to  provide  for  a  more 
thorough  enforcement  of  the  militia  law  of  November,  1702. 


LORD  CORNBURY,  1703.  103 

of  a  power  sufficient  to  compel  people  to  lay  such  books  and 
papers  before  them  as  are  necessary  to  enable  them  to  lay 
before  you  such  a  report  as  you  may  reasonably  expect 
from  them,  I  fear  a  great  part  of  their  labor  may  prove 
fruitless,  therefore  recommend  it  to  you  to  consider  whether 
it  will  not  be  proper  by  a  short  bill  to  vest  them  with  such 
a  power  as  may  enable  them  to  perform  the  services  ex- 
pected of  them.2 

Gentlemen,  I  must  acquaint  you  that  since  your  ad- 
journment I  have  received  information  that  the  French 
intend  to  attack  this  place  by  sea  this  summer.  I  think  the 
best  way  to  prevent  that  design  will  be  to  erect  two  bat- 
teries of  guns  at  the  Narrows,  one  on  each  side,  which  I 
believe  is  the  only  way  to  make  this  port  safe.  I  have 
ordered  an  estimate  to  be  made  of  what  that  charge  may 
amount  to,  which  shall  in  a  few  days  be  laid  before  you.3 

I  must  likewise  recommend  it  to  the  care  of  you,  Gentle- 
men of  the  House  of  Representatives,  to  provide  funds  for 
carrying  on  the  fortifications  -at  Albany,  and  other  places 
on  the  frontiers,  least  for  want  of  them  the  farmers  of 
those  parts  should  desert  their  habitations,  as  they  have 
formerly  done. 

I  wish,  Gentlemen,  you  would  think  of  a  bill  for  the  better 
ascertaining  and  preserving  the  highways  in  this  colony.* 

I  must  again  recommend  to  you  the  preparing  a  bill  to 
prevent  the  distilling  of  rum,  and  the  burning  of  oyster 
shells  into  lime  within  this  city.5  I  have  great  reason  to 
believe  that  both  these  things  did  contribute  very  much  to 


2  A  supplemental  act  relative  to  the  examination  of  accounts  of  the  colony, 
chap.  136,  was  passed  June  19th. 

3  This  recommendation  was  included  in  an  act,  chap.  137,  passed  June  19th, 
appropriating  fifteen  hundred  pounds  for  the  erection  of  two  batteries,  one  on 
each  side  of  the  Narrows. 

4  A  general  highway  law,  chap.  131,  was  passed  June  19th. 

5  Both  of  these  subjects  were  included  in  an  act,  chap.  132,  passed  June  19th. 
It  prohibited  the  distilling  of  "  rum  molasses  or  other  such  like  liquors,"  and 
also  the  burning  of  oysters,  oyster  shells  or  stone  into  lime  in  the  city  of  New 
York  or  within  half  a  mile  of  the  City  Hall. 


104  MESSAGES  FROM  THE  GOVERNOR. 

the  increase  of  that  fatal  distemper  the  city  was  unhappily 
visited  with  last  summer. 

I  do  not  doubt  but  several  other  things  will  occur  to  your 
thoughts  which  may  require  the  passing  of  wholesome  laws. 
I  am  glad  of  this  opportunity  to  assure  you  that  you  shall 
always  find  me  ready  to  assent  to  all  such  bills  as  shall  be 
necessary  for  the  promoting  and  advancing  the  trade  and 
welfare  of  this  colony. 

Gentlemen,  it  is  with  a  great  deal  of  pleasure  that  I 
take  this  opportunity  to  acquaint  you  that  the  arms  of  the 
Queen  and  her  allies  have  everywhere  in  Europe  been 
blessed  with  great  success,  and  particularly  at  the  Port  of 
Vigo  in  Spain,  where  her  Majesty's  fleet  and  army  have 
destroyed  and  taken  fifteen  sail  of  capital  French  ships  of 
war,  and  seventeen  Spanish  galleons  with  great  riches. 

Gentlemen,  I  have  nothing  more  to  recommend  now 
to  you  but  the  dispatch  of  the  business  before  you,  that  I 
may  be  at  liberty  to  attend  the  service  of  the  Queen  in 
other  parts  of  this  Province. 

SPECIAL  MESSAGES. 

May  14.  Transmitting  papers  relating  to  the  late  Chief 
Justice  William  Atwood,  and  the  charges  of  misconduct  by 
1 '  persons  in  the  present  administration  of  this  govern- 
ment. ' ' 

May  15.  Transmitting  a  statement  of  the  probable  ex- 
pense of  two  batteries,  one  on  each  side  of  the  Narrows. 
(See  note  3.) 

May  24.  Requesting  the  appointment  of  a  committee  to 
prepare  an  address  to  her  Majesty,  congratulating  her  on 
the  "  late  glorious  success  of  her  Majesty's  arms,  both  by 
sea  and  land."  This  address  was  approved  the  3d  of  June. 

May  26.  Requesting  the  appointment  of  a  committee  to 
prepare  an  address  to  the  Crown,  soliciting  its  aid  in  pro- 
viding for  the  defence  of  the  Province.  This  address  was 
approved  on  the  18th  of  June. 


LORD  CORNBURY,  1703.  105 

June  10.  Informing  the  Legislature  that  several  claims 
against  the  Province  were  unpaid  because  of  the  failure 
to  collect  taxes  imposed  by  several  acts. 

June  19.  The  Assembly  was  adjourned  to  the  second 
Tuesday  in  September,  and  on  the  31st  of  August  was  again 
adjourned  to  the  first  Tuesday  (5th)  of  October. 


1703.     OCTOBER.     NINTH   ASSEMBLY,  THIRD   SESSION. 


LORD   CORNBURY,  Governor. 

The  Assembly  had  been  adjourned  to  the  5th  of  October. 
Governor  Cornbury  was  then  absent  at  Albany.  The  active 
business  of  the  session  did  not  begin  until  the  14th,  at  which 
time  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  I  am  sorry  the  season  of  the  year  is  so 
far  advanced  that  you  cannot  have  so  much  time  for  your 
deliberations  as  I  could  wish,  because  there  are  many  things 
that  will  in  due  time  require  your  consideration;  but  at 
this  time  I  shall  only  recommend  to  the  consideration  of 
you,  Gentlemen  of  the  House  of  Representatives,  the  pro- 
viding a  sufficient  fund  for  the  paying  such  a  number  of 
men  as  may  be  necessary  to  be  sent  to  Albany,  for  the 
defence  of  the  frontiers  this  winter.1  The  number  which  I 
think  necessary  to  be  detached  for  that  service  is  130  men, 
with  their  proper  officers,  including  the  out  scouts.  I 
should  have  desired  a  greater  number,  but  that  I  consider 
the  condition  of  the  Province  at  this  time;  therefore,  I  am 
willing  to  make  the  charge  as  little  as  possible;  but  I  must 


1  October  23d  an  act,  chap.  140,  was  passed  appropriating  thirteen  hun- 
dred pounds  for  the  purpose  of  maintaining  one  hundred  fusileers  and  their 
officers  and  thirty  scouts  at  Albany  and  other  places  for  service  on  the 
frontiers. 


106  MESSAGES  FROM  THE  GOVERNOR. 

recommend  it  to  your  care  to  provide  such  a  coercion  in 
your  bill  as  may  be  effectual  for  the  bringing  in  the  money 
by  the  time  you  shall  think  fit  to  appoint,  else  I  am  afraid 
people  will  be  as  backward  in  their  payments  as  they  have 
been  in  the  eighteen  hundred  pounds  tax,  which  is  not  yet 
all  paid,  though  the  time  appointed  was  the  25th  day  of 
March  last. 

If  anything  occurs  to  your  thoughts  for  the  good  of  this 
colony,  which  may  require  the  assistance  of  an  act  of 
Assembly  at  this  time,  you  shall  always  find  me  ready  to 
concur  with  you  in  all  such  things  as  may  be  for  the  real 
good  of  the  country. 

I  must  now  acquaint  you,  Gentlemen,  that  the  great  Queen 
of  England,  my  Mistress,  has  been  pleased  to  ease  this 
Province  of  a  burthen,  which  by  custom  has  long  lain 
upon  it,  I  mean  that  of  presents  to  the  Governors  or  Com- 
manders-in-Chief  of  this  colony.  Her  Majesty  has  been 
graciously  pleased  to  confirm  that  act  by  which  the  last 
fall  you  were  so  kind  as  to  give  to  me  a  very  great  present, 
but  at  the  same  time  her  Majesty  has  commanded  me  to 
acquaint  you  that  she  has  given  the  necessary  orders  for 
preventing  any  Governor,  Lieutenant-Governor,  or  Com- 
mander-in-Chief,  from  receiving  any  presents  for  the 
future;  that  order  I  have  here  in  my  hand,  and,  pursuant 
to  the  Queen 's  commands,  I  have  caused  it  to  be  entered  in 
the  Council  book,2  and  I  desire  you,  Mr.  Speaker,  to  take 
care  that  it  be  entered  at  large  in  the  journals  of  your 
House. 

I  have  nothing  more  to  offer  to  you  at  this  time,  only 
to  desire  you  to  give  all  possible  dispatch  to  the  matters 
before  you,  for  I  am  obliged  upon  the  Queen's  service  to 
be  at  Amboy  at  the  very  beginning  of  the  next  month. 


2  This  order  is  given  at  length  in  the  journals  of  the  Council  and  the 
Assembly.  It  bears  date  April  20.  1703,  and  prohibited  any  present  to  the 
governor,  lieutenant-governor,  commander-in-chief  or  president  of  the  Council, 
and  increased  the  Governor's  salary  from  six  hundred  pounds  to  twelve  hun- 
dred pounds,  payable  out  of  the  royal  treasury. 


LORD  CORNBURY,  1704.  107 


SPECIAL  MESSAGES. 

October  19.  Replying  to  an  address  from  the  Assem- 
bly, the  Governor  assured  them  that  *  *  he  should  always 
make  such  representations  to  her  Mdjesty  and  her  min- 
isters, as  might  be  conducive  to  the  good  and  prosperity  of 
the  colony,"  and  he  doubted  not  that  the  Assembly  would 
never  propose  anything  that  might  not  reasonably  con- 
tribute to  that  end. 

October  23.  The  Assembly  was  adjourned  to  the  11th 
of  April,  1704. 


1704.     APRIL.     NINTH  ASSEMBLY,  FOURTH  SESSION. 


LORD   CORNBURY,  Governor. 

The  Assembly  met  the  llth  of  April,  and  on  the  13th  the 
Governor  delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN. —  The  time  to  which  you  were  adjourned  the 
last  year  being  come,  I  am  glad  to  see  so  many  of  you  ready 
to  attend  the  service  of  the  Queen  and  your  country,  by 
which  means  I  hope  there  may  be  such  dispatch  given  to 
the  matters  which  will  be  laid  before  you.  and  that  you 
may  think  proper  to  be  done,  that  I  may  be  at  liberty  to 
attend  the  service  of  the  great  Queen  of  England,  my  Mis- 
tress, in  the  neighboring  Province  some  time  in  May. 

The  things  which  I  shall  more  particularly  recommend 
to  the  consideration  of  you,  Gentlemen  of  the  House  of 
Representatives,  are  these :  First,  the  security  of  the  fron- 
tiers, which  I  am  afraid  cannot  be  thought  so  secure  now 
as  they  were  last  year.  The  good  success  our  enemies  the 
French  with  some  of  their  Indians,  have  had  against  our 
neighbors  of  New  England,  who  by  their  carelessness  have 


108  MESSAGES  FROM  THE  GOVERNOR. 

suffered  themselves  to  be  surprised  and  cut  off  at  Deer- 
field,  may  perhaps  encourage  them  to  attempt  our  frontiers 
likewise,  though  I  hope  (if  they  do)  they  will  find  us  more 
watchful  and  in  a  better  posture  than  our  neighbors.  How- 
ever, I  think  it  will  be  absolutely  necessary  that  some  men 
be  raised  and  sent  up  for  the  defence  of  the  frontiers  for 
the  year  ensuing.  The  number  I  think  proper  is  150  men, 
to  be  employed  thus,  30  men  to  be  added  to  the  garrison 
of  Schenectady,  30  at  Nistigaone,  30  at  the  Half  Moon, 
30  at  Kinderhook,  and  30  to  be  dispersed  in  the  Out  Farms ; 
by  this  means  I  hope  I  shall  be  able  to  prevail  with  the 
inhabitants  not  to  desert  their  farms, -which  I  am  informed 
they  will  very  speedily  do  if  not  protected. 

The  next  thing  which  I  most  earnestly  recommend  to 
your  serious  consideration  is  the  condition  of  her  Majesty's 
revenue  in  this  colony,  which  is  now  very  small.  There 
was  an  act  of  the  General  Assembly  of  this  colony  passed 
in  year  1698,  entitled  "An  act  for  raising  an  additional 
duty  for  the  defraying  the  debts  of  the  government,"  but 
that  act  was  to  continue  in  force  for  two  years  only  and  no 
longer,  which  time  is  long  since  expired.  I  only  mention 
this  to  you  because  I  think  the  methods  prescribed  in  that 
act  will  appear  as  easy  as  any  that  can  be  thought  of ;  how- 
ever, I  shall  leave  it  wholly  to  your  considerations,  to  use 
such  methods  as  you  shall  think  proper,  only  I  must 
acquaint  you  that  unless  some  care  is  now  taken  the  revenue 
will  not  answer  the  necessary  charges  of  the  government. 

I  must  acquaint  you,  Gentlemen,  that  her  most  sacred 
Majesty  the  Queen,  who  is  always  watchful  for  the  good  of 
her  subjects,  and  considering  the  danger  that  some  of  her 
subjects  of  this  colony  were  exposed  to  by  the  wicked  con- 
struction put  by  the  then  Chief  Justice  upon  an  act  of 
Assembly  passed  in  April,  1691  (entitled  An  act  for  the 
quieting  and  settling  the  disorders  that  have  lately  hap- 
pened within  this  Province,  and  for  the  establishing  and 
securing  their  Majesties  present  government  against  the 


I 

LORD  COBNBUEY,  1704.  109 

like  disorders  for  the  future),  has  been  pleased  to  com- 
mand me  to  recommend  to  you  the  repealing  the  last  clause 
in  the  said  act,  her  Majesty  being  satisfied  that  the  laws 
now  in  force  in  England  are  sufficient  to  punish  any  person 
who  shall  offend  in  that  manner  in  tliese  parts.1 

This,  Gentlemen,  is  what  I  thought  proper  to  offer  to 
you  at  this  time,  therefore  I  shall  detain  you  no  longer, 
only  but  to  recommend  to  you  unanimity  and  dispatch  in 
the  matters  now  before  you. 


SPECIAL  MESSAGES. 

April  20.     Thanking  the  Assembly  for  its  address. 

April  25.  Transmitting  a  statement  of  the  annual 
salaries  of  civil  officers  of  the  colony;  also  a  report  from 
Thomas  Byerly,  collector  of  New  York,  showing  the  revenue 
received  by  him  from  the  31st  of  July,  1703,  to  the  24th 
of  April,  1704. 

June  1.  Protesting  against  the  right  of  the  Assembly  to 
prescribe  the  number  and  location  of  officers  to  command 
fusileers,2  and  also  the  right  of  the  Assembly  to  declare 
that  none  of  the  inhabitants  of  Albany  should  be  commanded 
upon  that  service.3 

Informing  the  Assembly  that  it  had  no  control  of  funds 
furnished  by  the  home  government  for  colonial  purposes. 

Kecommending  the  consideration  of  additional  revenue 
measures. 


1  See  note  4. 

2  In  the  statement  of  the  8th  of  June  the  Assembly  say  that  they  had  no 
intention  of  infringing  upon  the  powers  of  the  commander-in-chief  to  restrain 
the  number  of  officers  for  the  fusileers. 

3  In  the  statement  of  the  8th  of  June,  the  Assembly  say  that  large  numbers 
of  men  and  officers  sent  to  the  frontiers  had  been  corruptly  excused,  and  their 
places  supplied  by  enlistments  from  Albany  and  vicinity.     The  suggestion  in 
the  bill  to  which  the  Governor  objected  was  for  the  purpose  of  prohibiting 
this   practice.     Albany  was  weak  and  needed  men  from   other  parts  for  ita 
defence. 


110  MESSAGES  FROM  THE  GOVEKNOS. 

Relating  to  a  bill  to  repeal  part  of  a  recent  act  for 
settling  and  quieting  disorders  in  the  colony.4 

June  27.  The  Assembly  was  adjourned  to  the  2d  of 
October,  and  on  the  2d  of  September  was  again  adjourned 
to  the  6th  of  October,  1704. 


4  A  repealing  act  recommended  by  the  Governor  was  passed  June  27th, 
chap.  145.  This  bill  gave  rise  to  a  dispute  between  the  Governor  and  Assembly 
as  to  their  relative  legislative  powers.  The  bill  as  passed  by  the  Assembly 
contained  an  enacting  clause  declaring  that  it  was  enacted  "  by  his  Excellency, 
the  Governor  by  and  with  the  consent  of  her  Majesty's  Council  and  this 
General  Assembly."  The  Council  proposed  to  amend  by  inserting  the  words 
"  advice  and  "  before  consent,  making  the  clause  read  that  the  law  was  enacted 
by  the  advice  and  consent  of  the  Council  and  Assembly,  giving  as  a  reason 
that  the  words  added  were  "  parliamentary  words  used  in  bills  in  England." 

The  Assembly  objected  to  the  amendment,  stating  as  a  reason  that  "  in  all 
the  letters  patents  from  the  Crown,  wherein  there  is  mention  of  any  As- 
sembly, which  the  House  are  humbly  of  opinion,  is  the  measure  of  the  powers 
of  this  government,  and  the  rules  of  the  people's  obedience,  no  word  of  advice 
is  mentioned,  but  only  the  consent  of  the  Council  and  Assembly,  or  the 
major  part  of  them  respectively,  nor  is  the  House  convinced,  that  the  word 
advice  is  any  ways  proper  in  that  place." 

Governor  Cornbury's  commission  did  not  contain  the  word  "  advice,"  but 
provided  that  legislative  power  should  be  exercised  by  the  Governor  with 
the  "  consent "  of  the  Council  and  Assembly ;  but  the  practice  had  not  been 
uniform,  and  in  at  least  seven  cases  acts  which  had  been  passed  during  his 
administration  the  phrase  "  advice  and  consent "  was  used  in  the  enacting 
clause.  Sometimes  the  word  "  consent "  was  used  alone,  but  usually  even 
this  word  was  omitted,  the  statement  being  that  the  law  was  enacted  by  the 
Governor,  the  Council  and  the  Representatives  convened  in  Assembly. 

The  Council  also  proposed  to  strike  out  the  words  "  General  Assembly," 
and  substitute  the  words  "  representatives  in  General  Assembly."  The  As- 
sembly also  objected  to  this  amendment  on  the  ground  that  by  the  Governor's 
commission  he  was  required  to  "  summon  and  call  General  Assemblies "  and 
the  representatives  when  convened  were  to  constitute  a  General  Assembly. 

On  the  Assembly's  refusal  to  concur  in  the  amendment,  the  Governor  re- 
quired its  attendance  at  the  fort,  and  at  this  joint  meeting  considered  the 
attitude  of  the  Assembly  toward  the  pending  amendment,  and  said: 

"  I  have  required  your  attendance  here  this  day,  to  take  notice  to  you  of 
several  innovations  lately  attempted  to  be  set  on  foot,  by  some  of  you,  never 
thought  of  nor  attempted  by  any  of  your  predecessors,  and  which  can  tend 
to  nothing  but  to  disturb  that  quiet  which  her  most  Sacred  Majesty  the 
Queen  desires  all  her  subjects  should  enjoy,  in  all  the  parts  of  the  world 
under  her  dominion;  this  can  be  effectually  hindered  by  nothing,  but  by  the 
subjects  attempting  to  invade  the  property  of  the  Queen,  or  assuming  to 
themselves  to  exercise  a  power,  vested  by  the  Crown  in  the  Governor  alone. 

And  as  these  are  things,  which  I  shall  never  suffer  during  the  time  her 
Majesty  will  be  pleased  to  trust  the  administration  of  this  government  in 
my  hands,  so  I  shall  always  do  my  part  in  admonishing  of  you.  hoping  that 


1704.     OCTOBER.  NINTH  ASSEMBLY,  FIFTH  SESSION. 


LORD  CORNBURY,  Governor. 

The  Assembly  was  adjourned  to  the/ 6th  of  October;  on 
the  12th  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  The  Assembly  of  New  Jersey  having  de- 
tained me  some  days  longer  than  at  first  I  intended,  and  the 


may  bring  you  to  think  so  seriously,  that  I  may  not  be  forced  to  exert  the 
powers  vested  in  me  by  the  Queen,  nor  to  make  representations  to  her  Majesty 
to  your  disadvantage. 

The  first  thing  I  shall  take  notice  of  is  the  style  you  have  made  use  of  in 
some  of  your  late  bills,  in  which  you  insist  upon  the  title  of  General  Assembly, 
because  they  are  words  used  in  the  letters  patents,  which  constitute  me  Gov- 
ernor of  this  Province;  and  at  the  same  time,  you  are  very  unwilling  to 
admit  of  the  word  advice,  though  contained  in  the  same  letters  patents, 
notwithstanding,  in  the  reasons  you  delivered  to  the  Gentlemen  of  her  Ma- 
jesty's Council,  for  this  Province,  at  a  conference  you  said  the  said  Letters 
Patents  are  the  measure  of  the  power  of  this  government,  and  the  rules  of 
the  people's  obedience;  but  it  seems  you  think  yourselves  the  only  interpreters 
of  the  Queen's  meaning,  which  I  must  tell  you  appertains  to  me." 

It  seems  that  after  a  conference,  the  Council  receded  from  all  its  amend- 
ments, except  the  use  of  the  word  "  advice,"  which  it  insisted  on.  The 
Assembly,  on  the  26th  of  May.  for  the  purpose  of  avoiding  delay,  agreed  to 
admit  the  amendment,  "  always  saving  their  rights,  this  compliance  not- 
withstanding." The  Governor  in  the  speech  from  which  the  foregoing  quo- 
tation is  made,  spoke  of  this  action,  and  demanded  the  statement  of  the 
rights  which  "you  pretend  to  save  in  that  vote."  On  the  8th  of  June,  the 
Assembly  replied  by  presenting  the  following  statement.  The  journals  are 
Hot  explicit  as  to  further  action  on  this  question,  but  apparently  the  As- 
sembly maintained  its  position,  for  the  law  as  enacted  does  not  use  the  term 
"  advice,"  but  declares  that  it  is  enacted  "  by  and  with  the  consent  of  her 
Majesty's  Council  and  this  General  Assembly." 

"  Ever  since  this  Assembly  have  been  elected  by  the  country  next  its  true 
interest,  they  had  nothing  so  much  in  their  thoughts,  as  doing  such  things 
as  might  render  them  and  their  actions  agreeable  to  your  Lordship,  that 
being  in  your  good  opinion  they  might  be  the  better  enabled  to  perform 
the  services  for  which  they  were  chosen.  It  is  with  great  concern  they  find 
they  are  mistook,  and  charged  with  innovations;  their  endeavors  are  to 
conform  themselves  to  the  Letter,  as  well  as  to  the  true  intent  (as  they 
understand  them)  of  the  commissions  under  the  great  seal  from  the  Crown. 

They  never  had,  nor  can  have  the  least  thought  of  attempting  the  invasion 
of  her  Majesty's  property,  or  assuming  to  themselves  any  powers  of  govern- 
ment whatsoever,  nor  do  they  believe  your  Lordship  will  exert  any  powers 
but  what  are  lawful,  nor  make  any  representations  but  what  are  just. 

'  [111] 


112  MESSAGES  FBOM  THE  GOVERNOR. 

season  of  the  year  being  so  far  advanced,  are  the  reasons 
which  induce  me  to  recommend  to  your  considerations  for 
this  sessions,  as  few  things  as  may  be,  and  indeed  the  two 
chief  things  which  I  most  earnestly  recommend  to  you  to 
be  provided  for  at  this  time  are  the  low  condition  of  the 
revenue,  and  the  defence  of  the  frontiers. 

I  did  in  June  last  recommend  to  you,  Gentlemen  of  the 
House  of  Representatives,  to  lay  an  additional  duty  on  cer- 
tain commodities  which  had  been  granted  by  a  former 
Assembly  of  this  Province,  but  expired;  when  I  recom- 
mended that  to  you  I  did  it  as  a  thing  which  in  my  judg- 
ment would  in  some  measure  help  the  revenue  without  any 
burthen  upon  the  people.  Some  gentlemen  were  then  of 


The  style  of  General  Assembly,  is  what  in  all  commissions  that  mention 
of  Assembly  is  given  to  the  Deputies  of  the  People,  and  that  they  shall  be 
called  and  held  by  that  name;  but  since  your  Lordship  hath  been  pleased 
to  direct  the  style  of  the  Acts  according  to  your  Lordship's  instruction  (as 
they  are  informed)  they  heartily  agree  and  consent  to  the  same. 

The  reason  they  have  been  dissatisfied  with  inserting  the  word  advice,  in 
acts  of  Assembly,  is  its  not  being  applicable  to  that  purpose  (as  they  appre- 
hend) in  the  making  of  laws,  the  consent  of  the  Council  and  Assembly,  or 
the  major  part  of  them  respectively  is  expressly  and  only  required,  your 
Excellency  is  not  directed,  in  the  making  of  laws,  to  take  the  advice  of  Council 
or  Assembly,  or  both,  but  manifestly  the  contrary,  your  Lordship's  own 
prudence  being  wholly  and  solely  intrusted  to  prevent  ^hat  whatsoever  might 
be  agreed  on  by  the  Council  and  Assembly  (if  in  your  Excellency's  judgment) 
to  the  prejudice  of  the  Crown,  should  not  receive,  the  sanction  of  a  law; 
and  the  so  often  repetition  in  the  English  histories  and  laws  of  these  words, 
common  consent  in  Parliament,  (to  which  laws,  being  the  birthright  of  Eng- 
lishmen, this  Assembly  humbly  lays  a  just  claim)  appears  to  them  a  clear 
illustration  of  the  matter. 

All  commissions  from  the  Crown  have  hitherto  been  not  only  openly  and 
solemnly  published,  but  recorded  in  the  Secretary's  office,  for  the  subject  to 
have  recourse  to  on  occasion,  and  the  publishing  has  ever  been  by  special 
direction  and  instructions  from  the  Crown;  this  must  be  to  the  end  they 
may  be  construed  and  understood  by  the  people,  and  can  be  to  no  other  pur- 
pose whatsoever. 

My  Lord. 

This  Assembly  being  intrusted  by  the  people  of  this  Plantation,  with  that 
care  of  their  Liberties  and  properties,  and  sensible  of  their  own  weakness, 
least  through  ignorance  or  inadvertency  they  should  consent  to  anything 
hurtful  to  themselves  or  their  posterity  (in  all  things  admitting  of  doubts) 
are  willing  to  save  their  rights,  and  those  rights  they  mean  to  be  that  natural 
and  civil  liberty,  so  often  claimed,  declared  and  confirmed,  by  the  English 
laws,  and  which  they  conceive  every  free  Englishman  is  entitled  to.  what- 
soever else  may  admit  of  controversy,  the  people  of  this  Colony  think  they 
have  an  undoubted,  true  and  entire  property  in  their  goods  and  estates,  of 
which  they  ought  not  to  be  divested,  but  by  their  free  consents,  in  such 
manner  and  to  such  ends  and  purposes,  as  they  shall  think  fit,  and  not  other- 
wise; if  the  contrary  should  be  admitted,  all  motion  of  property  would  cease." 


LORD  CORNBURY,  1704.  113 

opinion  that  such  an  additional  duty  would  be  a  clog  upon 
the  trade  of  this  place;  if  they  have  taken  the  pains  to  in- 
quire into  that  matter,  I  do  not  question  but  they  will  be  of 
another  mind.  For  my  part,  I  did  inquire  of  some  of  the 
most  considerable  merchants  of  this  city,  who  told  me  that 
such  a  duty  would  have  been  rather  a  help  than  a  hindrance 
or  clog  to  the  trade  of  this  place.  Being  well  persuaded 
that  those  gentlemen  were  right  in  their  opinions,  I  once 
more  recommend  the  consideration  of  such  a  duty  to  you, 
or  else  that  you  will  consider  of  some  other  method  to 
enable  her  most  sacred  Majesty  the  Queen  to  support  the 
necessary  charges  of  the  government,  which  the  present 
revenue  will  not  do. 

The  next  thing  is  the  defence  of  the  frontiers  of  this 
Province.  In  order  to  that,  I  did  in  July  last  order  a  de- 
tachment of  100  men  out  of  the  militia  for  that  service ;  the 
greatest  part  of  that  number  did  go  up  to  Albany,  and  have 
been  posted  in  the  places  most  convenient  for  the  defence 
of  the  country,  which  has  kept  us  quiet  this  summer.  I 
think  they  ought  to  be  kept  there  till  the  last  day  of  March 
next  at  least,  and  that  some  out-scouts  should  be  raised  for 
this  winter.  I  therefore  recommend  it  to  ycu,  Gentlemen 
of  the  House  of  Representatives,  to  prepare  such  a  bill  as 
may  raise  a  sum  sufficient  for  the  paying  the  men  that  have 
been  sent  up,  and  for  the  out-scouts,  with  such  contingent 
charges  as  may  be  necessary  for  their  going  to  Albany  and 
returning  home  again. 

If  there  is  anything  else  that  may  be  reasonable  to  be 
enacted  at  this  time,  you  shall  find  me  ready  to  embrace  all 
occasions  of  doing  such  things  as  may  be  for  the  good  of 
her  Majesty's  subjects  in  this  colony.  I  have  nothing  fur- 
ther to  recommend  to  you  at  this  time  but  unanimity  in 
your  consultations  and  dispatch  in  the  matters  before  you. 

November  6.     The  Assembly  was  dissolved.     No     acts 
were  passed  at  this  session. 
8 


114  MESSAGES  FKOM  THE  GOVERNOR. 

1705.   JUNE.   TENTH  ASSEMBLY,  FIRST  SESSION. 


LORD  CORNBURY,  Governor. 

The  Assembly  met  on  the  7th  of  June,  and  on  the  14th 
the  Governor  delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN. —  I  am  sorry  the  Queen's  service  in  the 
neighboring  Province  and  the  ill  weather  we  have  lately  had 
has  hindered  me  from  meeting  this  Assembly  as  I  intended ; 
however,  I  hope  we  will  still  have  time  enough  to  dispatch 
such  things  as  may  be  necessary  to^be  provided  for  at  this 
time.  Those  which  I  shall  more  particularly  recommend 
to  the  care  of  you,  Gentlemen  of  the  house  of  Representa- 
tives, are  these: 

First,  That  a  sum  may  be  provided  sufficient  to  pay  one 
hundred  fusileers  and  fifty  outscouts,  with  their  proper 
officers,  to  be  sent  to  Albany  and  places  adjacent,  for  the 
defence  of  the  frontiers  for  one  year,  and  likewise  that  pro- 
vision may  be  made  for  their  going  up  to  and  returning 
from  Albany,  and  likewise  for  bedding  for  them  while  they 
are  there.  This  is  of  absolute  necessity  at  this  time,  be- 
cause I  have  received  an  account  of  a  design  of  the  Waghana 
Indians  with  several  other  nations  in  amity  with  the  French 
to  attack  our  five  nations,  who  if  they  see  that  we  are  either 
not  willing  or  not  able  to  support  and  defend  them  against 
their  enemies,  will  the  more  easily  be  persuaded  to  go  over 
to  the  French,  the  ill  consequences  whereof  are  so  well 
known  that  I  need  not  mention  them  to  you,  nor  will  I 
trouble  you  with  any  particulars  of  this  news,  because  I 
had  it  from  those  gentlemen  who  are  chosen  to  serve  for 
this  Assembly  in  the  county  of  Albany,  who  are  well  able 
to  inform  you  of  the  truth  of  that  matter. 

The  next  thing  I  recommend  to  your  care  is  the  provid- 
ing such  a  sum  as  may  be  sufficient  to  pay  and  defray  the 


LORD  CORN  BURY,  1705.  115 

charges  of  the  detachment  sent  up  to  Albany  for  the  de- 
fence of  the  frontiers  last  fall,  an  account  whereof  shall  be 
laid  before  you.  I  must  take  notice  to  you  that  the  bill  for 
settling  the  militia,  which  was  passed  in  the  year  1702,  is 
expired  by  its  own  limitation.  I  think  it  is  very  necessary 
that  act  should  be  revived. 

The  difficulties  which  some  very  worthy  ministers  of  the 
Church  of  England  have  met  with  in  getting  the  mainte- 
nance settled  upon  them  by  an  act  of  General  Assembly  of 
this  Province  passed  in  the  year  1693,  moves  me  to  propose 
to  you  the  passing  an  act  explanatory  of  the  aforementioned 
act,  that  those  worthy  good  men,  who  have  ventured  to 
come  so  far  for  the  service  of  God  in  His  Church,  and  the 
good  and  edification  of  the  people,  to  the  salvation  of  their 
souls,  may  not  for  the  future  be  vexed,  as  some  of  tliem 
have  been,  but  may  enjoy  in  quiet  that  maintenance  which 
was  by  law  provided  for  them.1  I  further  recommend  to 
you  the  passing  an  act  to  provide  for  the  maintenance  of 
some  ministers  in  some  of  the  towns  at  the  east  end  of  Long 
Island,  where  I  do  not  find  any  provision  has  been  yet  made 
for  the  propagating  religion. 

The  next  thing  which  I  think  does  very  highly  deserve 
your  serious  thoughts  is  the  laying  a  duty  upon  all  Euro- 
pean goods  imported  into  this  colony  from  any  of  the 
neighboring  Provinces,  whereas  now  those  goods  pay  no 
greater  duties  than  those  which  come  directly  from  Eng- 
land. I  did  recommend  this  matter  to  the  last  Assembly, 
and  I  am  afraid  the  not  doing  of  it  at  that  time  has  been  a 
considerable  prejudice  to  the  trade  of  this  Province,  and  I 
am  persuaded  that  unless  effectual  care  be  now  taken  in 
that  matter,  the  trade  of  this  place  will  not  only  become 
precarious,  but  our  navigation  will  be  entirely  ruined.  I 
am.  of  opinion  it  would  be  very  proper  to  lay  a  duty  upon 
all  rum  and  other  spirits  imported  from  any  place  what- 


l  This  recommendation  was  embodied  in  the  act.  chap.   140,   passed  August 
4th.  explaining  the  uct  of  1G93  for  settling  a  ministry. 


116  MESSAGES  FROM  THE  GOVERNOR. 

soever,  except  England  and  her  Majesty's  islands  in  the 
West  Indies.  I  therefore  earnestly  recommend  to  your 
care  the  preparing  such  a  bill  as  may  effectually  answer  the 
ends  proposed. 

I  further  recommend  to  your  consideration  whether  the 
passing  an  act  to  discourage  the  exportation  of  corn,  and 
to  encourage  the  exportation  of  flour  from  this  Province 
would  not  be  of  good  advantage  to  trade. 

I  observe  that  during  the  late  war,  at  a  time  when  much 
greater  sums  were  given  for  the  defence  of  the  frontiers 
than  have  ever  been  demanded  since  the  beginning  of  this, 
the  Assemblies  in  those  times  thought  fit  to  grant  several 
sums  of  money  towards  the  discharging  of  the  debts  of  the 
Province.  Whether  it  is  not  as  reasonable  to  take  the  same 
methods  now  to  discharge  the  debts  that  were  contracted 
before  my  coming  to  this  government,  I  leave  to  your  con- 
sideration, only  I  think  it  a  duty  incumbent  on  me  to  put 
you  in  mind  of  it,  that  the  people  to  whom  these  debts  are 
due  may  not  think  themselves  neglected. 

I  am  of  opinion  it  will  be  necessary  to  pass  an  act  to 
prevent  the  clipping  and  defacing  the  foreign  coin  which 
has  currency  in  this  Province;  and  another  for  the  more 
effectual  suppressing  of  scandalous  houses  and  bawdy 
houses,  and  to  prevent  scandalous  women  from  coming  from 
the  neighboring  provinces  to  live  in  this;  and  another  to 
punish  negroes,  Indian  and  mulatto  slaves,  and  to  prevent 
their  running  away  from  their  masters.2 

These,  gentlemen,  are  the  things  I  thought  fit  to  propose 
to  your  consideration  at  this  time.  I  must  now  acquaint 
you  that  her  Most  Sacred  Majesty  has  been  pleased  to  order 
that  for  the  future  no  governor,  lieutenant  governor,  com- 
mander in  chief  of  this  province  shall  receive  any  gift  or 
present  from  the  country,  which  order  you  will  find  entered 


2  An  act,  chap.  149,  was  passed  August  4th,  to  prevent  negro  slaves  from 
running  away  to  the  French  of  Canada.  An  act  regulating  slaves,  prised 
in  1702,  was  revived  for  seven  years  by  an  act,  chap.  155,  passed  August  4th. 


LORD  CORNBURY,  1705.  117 

in  your  journals.  All  the  return  the  Queen  expects  from 
the  easing  you  of  the  burden  of  those  presents  is  that  you 
contribute  more  freely  to  the  defence  of  the  country. 

I  have  nothing  more  to  offer  to  you  at  this  time,  only 
unanimity  in  your  consultations  and  dispatch  in  the  matters 
before  you. 

If  anything  occurs  to  you  which  you  think  may  be  for 
the  service  of  the  Queen  and  the  good  of  the  country,  you 
shall  always  find  me  ready  not  only  to  hear  it  but  to  join 
heartily  with  you  to  promote  anything  that  is  reasonable. 

SPECIAL  MESSAGES. 

July  5.  Transmitting  an  account  of  the  expenses  in- 
curred in  sending  a  detachment  of  militia  for  the  defence 
of  Albany. 

July  26.  At  a  joint  meeting  of  the  Assembly  and  Coun- 
cil, the  Governor  delivered  a  speech,  in  which  he  said  that 
on  the  recent  appearance  of  a  French  privateer  at  the  mouth 
of  the  harbor,  several  vessels  had  been  fitted  out  for  the 
purpose  of  capturing  or  destroying  the  privateer,  and  a 
reward  of  '  *  two  thousand  five  hundred  pieces  of  eight ' '  had 
been  offered  for  volunteers.  Three  hundred  and  fifty  men 
had  been  employed  on  an  expedition  of  ten  days,  but  the 
privateer  was  not  found.  The  Assembly  was  asked  to  make 
an  appropriation  to  defray  the  expense  of  the  expedition. 

In  the  same  speech  the  Governor,  in  obedience  to  tho 
Queen's  command,  communicated  to  the  legislature  three 
recent  acts  of  Parliament;  one  was  intended  to  encourage 
the  "  importing  of  naval  stores  from  her  Majesty's  planta- 
tions in  America."  The  Governor  said  the  act  was  "  con- 
trived "  for  the  benefit  of  the  colony,  and  he  hoped  the 
trade  would  be  promoted  by  the  people,  and  for  that  pur- 
pose the  Queen  requested  such  local  legislation  as  would 
make  the  act  of  Parliament  most  useful  and  effectual.  An- 
other act  prohibited  all  trade  with  France,  and  another 


118  MESSAGES  FROM  THE  GOVERNOR. 

prohibited  all  traitorous  correspondence  with  the  Queen's 
enemies. 

The  Governor  also  said  that  the  Queen  requested  the 
Assembly  ' l  to  raise  a  fund  for  purchasing  military  stores, 
and  for  the  supplying  other  uses  as  the  defence  of  the 
Province  may  require." 

The  Governor  also  said  he  had  received  from  the  Lords 
of  Trade  a  communication,  expressing  the  opinion  that  the 
Council  had  the  right  to  amend  all  bills  sent  to  them  by  the 
Assembly  "  even  those  relating  to  money."  This  had 
reference  to  resolutions  adopted  by  the  Assembly  in  June 
and  November  1704,  denying  the  Council's  power  to  amend 
money  bills.  It  was  the  beginning  of  a  dispute  which  con- 
tinued through  the  colonial  period.  The  subject  will  be 
further  considered  in  notes  to  the  Fourteenth  Assembly, 
Third  Session  (May,  1712). 

August  4.  The  Assembly  was  adjourned  to  the  10th  of 
September,  and  on  the  6th  of  September  was  again  ad- 
journed to  the  19th. 


1705.     SEPTEMBER.     TENTH  ASSEMBLY,  SESOND  SESSION. 


LORD  CORNBURY,  Governor. 

The  Assembly  met  the  19th  of  September,  and  on  the  26th 
the  Governor  delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN.—  The  season  of  the  year  being  so  far  ad- 
vanced I  shall  not  trouble  you  at  this  time  with  anything 
but  what  I  think  absolute  neccessity  to  be  provided  for, 
that  is  the  defence  of  the  frontiers ;  a  hundred  f usileers  and 
fifty  out-scouts  will  be  necessary  for  that  service.  I  hope 
you  will  prepare  such  a  bill  for  the  raising  a  sum  sufficient 


LORD  CORNBURY,  1706.  119 

to  answer  that  charge,  as  I  may  give  my  assent  to  it  without 
breaking  the  instructions  her  most  sacred  Majesty  the 
Queen  has  been  pleased  to  honor  me  with.  This,  Gentlemen, 
is  all  I  shall  recommend  to  your  consideration  at  this 
present,  and  to  which  I  intreat  you  tp  give  all  possible 
dispatch. 

I  had  almost  forgot  to  put  you  in  mind  of  the  sea  expedi- 
tion this  summer.  I  think  that  ought  to  be  discharged,  be- 
cause several  debts  have  been  contracted  upon  that  account. 

September  26  to  October  13.  The  Assembly  held  several 
meetings  between  these  dates,  but  no  laws  were  passed.  On 
the  latter  day  the  Assembly  was  prorogued  to  the  1st  of 
May,  1706. 

April  23.  The  Assembly  was  again  prorogued  to  the 
12th  of  September,  but  on  the  14th  of  May  a  proclamation 
was  issued  convening  the  Assembly  in  extraordinary  session 
the  24th  inst. 


1706.     MAY.     TENTH   ASSEMBLY,   THIRD   SESSION. 


LORD   CORNBURY,  Governor. 

The  Assembly  met  on  the  24th  day  of  May,  and  on  the 
29th  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  The  service  of  her  most  sacred  Majesty 
the  Queen  in  the  neighboring  colony  having  obliged  me  to 
prorogue  this  Assembly  to  the  month  of  September  next, 
I  should  not  have  given  you  the  trouble  of  meeting  till  that 
time,  were  I  not  forced  to  it  by  an  indispensable  necessity. 
The  repeated  advices  our  merchants  here  have  received 
from  their  correspondents  in  the  West  Indies  of  the  design 
the  French  have  of  attempting  this  colony,  have  made  me 


120  MESSAGES  FKOM  THE  GOVERNOR. 

think  it  of  absolute  necessity  to  call  you  together  at  this 
time,  that  all  proper  measures  may  be  taken  for  the  defence 
of  this  place  which  as  yet  lies  very  open,  naked  and  defence- 
less.1 There  are  two  things  therefore  which  I  shall  chiefly 
recommend  to  your  care ;  one  is  the  providing  a  fund  for  the 
fortifying  of  this  city,2  the  other  is  the  providing  a  fund 
for  the  repairing  this  her  Majesty's  fort,  which  is  extremely 
out  of  order,  and  for  mounting  the  guns,  most  of  the  car- 
riages being  rotten  and  unserviceable.  These  two  things 
are  of  absolute  necessity,  and  without  which  it  is  to  be 
feared  this  place  may  become  a  prey  to  a  powerful  enemy 
who  can  design  no  less  than  to  lay  it  waste  and  destroy  it, 
as  they  have  done  the  Islands  of  Nevis  and  St.  Christophers, 
whose  misfortunes  I  hope  will  be  an  inducement  to  you  to 
make  effectual  provision  for  the  defence  of  this  colony,  and 
you  may  be  sure  that  whatever  you  shall  think  fit  to  give 
shall  be  applied  to  the  uses  for  which  you  give  it,  and  to  no 
other. 

GENTLEMEN.—  I  must  take  notice  to  you  that  the  last 
Assembly  did  pass  an  act  for  the  raising  the  sum  of  £1500 
towards  the  erecting  batteries  at  the  Narrows,  which  would 
have  been  of  very  great  use  at  this  time  had  that  money 
been  collected,  but  it  has  not.  I  am  sensible  that  some 
malicious  illminded  people  have  reported  that  I  have  taken 
that  money  into  my  hands;  that  the  truth  therefore  may  be 
known  and  I  justified,  I  recommend  it  to  you,  Gentlemen  of 
the  house  of  Representatives,  to  make  a  strict  inquiry  into 
that  tax. 

I  think  it  proper  to  recommend  to  you  the  reviving  the 


1  Doubt  having  arisen  as  to  the  legality  of  the  extraordinary  session  because 
of  a  prorogation  to  a  later  date,  the  Assembly  on  the  30th  of  May  adopted 
a  resolution  declaring  that  "  in  regard  to  the  indispensable  necessity  men- 
tioned in  his  Lordship's  speech,  of  which  this  House  is  deeply  sensible,  they 
will  sit  and  proceed  to  give  the  best  assistance,  toward  the  necessary  defence 
of  this  colony." 

2  An   act,   chap.    158,    providing   for   the    fortification    of   New    York,    was 
passed  June  27th. 


LORD  CORNBURY,  1706.  121 

militia  act  which  expired  by  its  own  limitation  in  the  year 
1704,  and  I  am  the  rather  induced  to  do  it  at  this  time 
because  in  this  time  of  danger,  if  there  be  not  some  law 
passed  to  keep  the  people  to  their  duty,  I  shall  be  forced 
to  put  martial  law  in  practice,  which  I  am  sure  will  fall 
heavier  than  any  act  of  Assembly  will  do.3 

I  cannot  conclude  without  putting  you  in  mind  of  the 
necessity  of  making  provision  for  outscouts  this  next  win- 
ter to  be  sent  from  Albany.  These  are  the  things  I  thought 
proper  to  recommend  to  you,  and  which  I  hope  you  will 
provide  for  with  all  possible  dispatch,  because  I  think  the 
nature  of  the  thing  requires  it.  If  you  can  think  of  any- 
thing else  that  may  require  the  aid  of  an  act  of  Assembly 
at  this  time,  you  shall  always  find  me  ready  to  do  anything 
which  shall  be  proposed  to  me  for  the  Queen's  service  and 
the  good  of  the  country. 

SPECIAL  MESSAGES. 

June  27.  The  Governor  considered  two  money  bills 
passed  by  the  Assembly,  but  declined  to  approve  them  be- 
cause not  drawn  in  the  usual  form.  Commenting  on  these 
bills  the  Governor  said : 

"  I  wish  the  necessity  of  proceeding  for  the  defence  of 
this  Country,  in  this  time  of  imminent  danger,  could  have 
prevailed  with  you  to  have  passed  the  money  bills  in  the 
same  method  which  has  been  always  used  in  this  Province 
till  very  lately,  because  then  I  could  have  ssented  to  them, 
which  you  know  now  I  cannot  do,  without  manifest  breach 
of  the  positive  command  her  most  Sacred  Majesty  the 
Queen  hath  been  pleased  to  honor  me  with,  in  her  Royal 
instructions  to  me.  This  I  say  you  know  to  be  true,  because 
you  have  had  copies  of  these  instructions  every  session, 
since  you  have  thought  fit  to  insist  upon  these  innovations, 
which  your  predecessors  never  thought  of,  and,  which  I 
believe,  would  not  have  been  attempted  at  all,  were  it  not 
for  some  unquiet  spirits  among  you,  who  can  never  be  con- 

3  The  militia  law  was  revived  by  an  act.  chap.  157,  passed  June  27th. 


122  MESSAGES  FROM  THE  GOVERNOR. 

tent  to  see  the  service  of  the  Queen,  and  the  true  interest 
and  good  of  the  country,  go  hand  in  hand,  as  they  ought 
to  do.  I  am  sorry  to  see  those  few  (and  I  am  satisfied  they 
are  but  few)  have  so  much  influence  upon  the  rest  of  the 
House,  as  to  prevail  with  them  to  insist  upon  those  clauses, 
which  you  know,  I  could  not  agree  to;  but  since  it  is  so,  I 
take  God  and  the  world  to  witness,  that  whatever  misfor- 
tune may  befall  this  Province  for  want  of  money  intended 
to  be  raised  by  those  bills,  must  lie  at  your  doors,  I  shall  do 
my  duty  to  the  utmost,  but  being  under  oaths  for  the  faith- 
ful discharge  of  my  duty  to  the  Queen,  I  will  upon  no  terms 
break  them,  and  I  believe  no  reasonable  man  would  de- 
sire it." 

The  Governor  expressed  surprise  that  the  Assembly  had 
taken  no  measures  to  repair  the  fort  in  New  York,  and  also 
that  no  inquiry  had  been  made  into  the  tax  of  fifteen  hun- 
dred pounds,  appropriated  by  the  act  of  1703  for  the  erec- 
tion of  forts  at  the  Narrows,  especially  because  of  the 
' '  scandalous  report ' '  that  he  had  applied  the  money  to  his 
own  use. 

June  27.  The  Assembly  was  adjourned  to  September  12, 
and  on  the  30th  of  August  was  further  adjourned  to  the 
24th  of  September. 


1706.     SEPTEMBER.     TENTH  ASSEMBLY,  FOURTH  SESSION. 


LORD  CORNBURY,  Governor. 

The  Assembly  had  been  adjourned  to  the  24th  of  Septem- 
ber, but  on  that  day  the  Governor  adjourned  it  to  the  27th, 
at  which  time  he  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  When  I  dismissed  you  at  the  end  of  the 
last  sessions  in  June  last,  I  acquainted  you  that  though  I 


LORD  COKNBURY,  1706.  123 

could  not  assent  to  the  bill  you  tendered  to  me  for  the  rais- 
ing the  sum  of  three  thousand  pounds  towards  the  fortify- 
ing of  this  city,1  yet  I  would  not  reject  it,  hoping  that  I 
might  receive  such  directions  from  England  as  might  make 
that  matter  more  easy.  I  am  very  glad  I  can  now  acquaint 
you  that  my  expectations  are  answered.  I  have  received 
letters  from  the  Eight  Honorable  the  Lords  Commissioners 
for  Trade  and  Plantations,  containing  her  most  gracious 
Majesty's  commands  to  me  to  permit  the  General  Assembly 
of  this  Province  to  name  their  own  treasurer  when  they 
raised  extraordinary  supplies  for  particular  uses,  and 
which  are  no  part  of  her  Majesty's  standing  and  constant 
revenue,  but  the  treasurer  so  nominated  must  be  account- 
able to  the  Governor,  Council  and  Assembly.  Warrants 
may  be  issued  by  the  colonels,  captains  or  other  persons  as 
the  act  shall  direct,  but  the  Governor  must  always  be  in- 
formed of  the  occasion  of  issuing  of  such  warrants,  and  all 
persons  concerned  in  the  issuing  and  disposing  of  such 
moneys  must  be  made  accountable  to  the  Governor,  Council 
and  Assembly.  Thus,  Gentlemen,  I  have  acquainted  you 
with  her  Majesty's  pleasure  relating  to  the  passing  of  bills 
for  the  raising  moneys  for  extraordinary  supplies. 

GENTLEMEN.—  I  am  commanded  by  the  Eight  Honorable 
the  Lord  Commissioners  for  Trade  and  Plantations  to  ac- 
quaint you  that  her  Majesty's  Council  for  this  Province 
have  undoubtedly  as  much  to  do  in  forming  of  bills  for  the 
granting  and  raising  of  money  as  the  Assembly,  and  conse- 
quently have  a  right  to  alter  or  mend  any  such  money  bills 
as  well  as  the  Assembly.2 

Their  Lordships  likewise  observed  that  in  the  preamble 
of  the  £1700  bill  there  is  an  error  in  not  granting  the  money 

1  See  last  session,  special  message  of  June  27th,  ante  p.  121,  for  the  Gov- 
ernor's original  objection  to  this  bill    (for   the  fortification  of  New  York). 
It  was  finally  approved  on  the  21st  of  October,  and  became  chapter  159. 

2  See   note  on   money  bills,   post    162,   Fourteenth   Assembly,    (May,    1712) 
Third  Session,  Note  1. 


124  MESSAGES  FROM  THE  GOVERNOR. 

thereby  intended  to  be  raised  to  the  Queen,  which  need  not 
hinder  the  Assembly  from  appropriating  the  money  to  be 
granted  to  such  uses  as  are  found  requisite.  Their  Lord- 
ships further  observe  that  the  penalty  in  the  last  clause  in 
the  £1700  bill  is  of  an  extraordinary  nature,  such  as  no 
Assembly  anywhere  else  ever  attempted  before,  and  they 
say  it  is  highly  presumptuous  in  the  Assembly  to  pretend 
to  propose  or  pass  any  clause  whereby  her  Majesty  is  re- 
strained in  her  royal  prerogatives  of  pardoning  or  repriev- 
ing her  subjects  whenever  she  sees  it  reasonable  and  con- 
venient, and  they  command  me  to  acquaint  the  Assembly 
with  these  matters  that  the  like  errors  may  be  avoided  for 
the  future. 

I  am  further  to  acquaint  you  that  their  Lordships  are  of 
opinion  that  the  province  of  New  York  ought  to  provide 
towards  it  own  security  by  giving  such  necessary  funds 
(as  is  done  in  other  plantations)  for  furnishing  the  inhabit- 
ants with  arms  as  there  may  be  occasion,  and  this  their 
Lordships  command  me  likewise  to  represent  to  you. 

Thus,  Gentlemen,  I  have  acquainted  you  with  those  things 
I  had  in  charge  from  England.  I  shall  now  mention  to  you 
those  things  which  in  my  opinion  ought  now  to  be  provided 
for ;  and  first,  I  desire  you  to  observe  that  by  the  directions 
I  have  now  received,  it  is  impossible  for  me  to  pass  the 
£3000  bill  in  the  terms  it  is  now  conceived,  and  therefore  I 
entreat  you  to  prepare  another  bill  for  that  service  accord- 
ing to  the  methods  above  mentioned. 

I  must  likewise  recommend  to  your  consideration  the  pro- 
viding a  fund  for  the  paying  the  detachment  sent  up  under 
Captain  Higby  's  command  for  the  defence  of  the  frontiers 
in  the  year  1704,  and  the  outscouts  under  the  command  of 
Captain  Brat,  and  since  that  time,  and  likewise  for  defray- 
ing the  charge  of  Colonel  Schuyler's  journey  to  the  Onon- 
daga's  country  at  a  time  when  we  were  in  great  danger  of 
having  the  Five  Nations  debauched  from  their  allegiance 
to  the  Crown  of  England,  which  was  prevented  by  his 


LORD  COENBURY,  1706.  125 

going.3  This  was  so  good  a  service  that  I  hope  you  will 
think  it  reasonable  that  charge  should  be  answered. 

I  must  likewise  acquaint  you  that  by  accident  very  lately 
the  guard  room  in  the  fort  at  Schenectady  was  burnt  down 
with  a  great  quantity  of  firewood  which  had  been  provided 
for  this  winter  now  coming  on.  I  should  be  glad  that  might 
be  repaired  before  the  cold  weather  comes,  else  it  will  be 
impossible  for  the  men  to  keep  guard  in  that  place  which  lies 
the  most  exposed  of  all  our  frontiers.4  I  will  direct  an 
estimate  to  be  laid  before  you  for  that  purpose. 

I  must  again  recommend  to  you  the  providing  a  fund  for 
the  repairing  and  maintaining  her  Majesty's  fort  in  this 
city,  which  yet  wants  several  things  to  put  it  into  a  posture 
fit  to  resist  an  enemy,  if  we  should  be  attacked,  which  we 
very  narrowly  escaped  this  summer.  Whether  you  will  not 
think  fit  to  fortify  the  Narrows  to  prevent  any  attempt  of 
the  like  nature  for  the  future,  I  leave  to  your  consideration, 
but  in  my  judgment  I  look  upon  that  to  be  the  best  way  to 
cover  this  city  from  any  attempt  the  French  may  intend 
to  make  upon  us,  and  I  choose  to  mention  it  to  you  at  this 
time  the  rather  because  Captain  Redknap,  whom  the  Queen 
has  been  pleased  to  appoint  to  be  her  Engineer  in  these 
parts,  is  now  here  and  will  if  you  desire  it  give  you  an 
account  of  what  he  thinks  proper  to  be  done  to  answer 
that  end. 

The  last  thing  I  shall  trouble  you  with  at  this  time  is  the 
providing  a  fund  for  the  defence  of  the  frontiers  at  and 
about  Albany  this  winter.  One  hundred  men  and  five  and 
twenty  outscouts  will,  in  my  opinion,  be  sufficient  to  answer 
that  service.5 


3  An  appropriation  for  Col.  Peter  Schuyler's  services  and  expenses  in  his 
mission  to  the  frontier  Indians  was  made  by  an  act.   chapter   161.   passed 
October  2 1st. 

4  An  act,  chap.   162,  passed  October  21st,  made  provision  for  repairing  the 
guardhouse  at  Schenectady. 

5  Provision  for  the  defence  of  the  frontier  at  and  about  Albany  was  made 
by  an  act,  chapter  161,  passed  October  21st. 


126  MESSAGES  FKOM  THE  GOVERNOR. 

Thus,  Gentlemen,  I  have  offered  to  you  what  I  think 
necessary  to  be  provided  for.  If  any  other  things  occur  to 
your  thoughts  which  may  be  necessary  to  be  provided  for 
by  a  law,  you  shall  always  find  me  ready  to  consent  to  any- 
thing that  may  conduce  to  the  service  of  her  Most  Sacred 
Majesty  the  Queen,  and  the  good  and  welfare  of  the  country. 

October  21.  The  Assembly  was  adjourned  to  the  20th 
of  May,  1707. 


1708.     AUGUST.     ELEVENTH    ASSEMBLY,   FIRST   SESSION. 


LORD   CORNBURY,  Governor. 

October  21,  1706,  the  Tenth  Assembly  was  adjourned  to 
May  20,  1707,  but  there  is  no  record  that  it  met  on  that  day, 
or  that  it  ever  met  again.  The  printed  journal  of  the 
Assembly  in  the  State  Library  contains  a  statement  that 
on  the  15th  of  May,  1707,  Governor  Cornbury,  then  being 
at  Burlington,  New  Jersey,  issued  a  proclamation  dissolving 
the  Assembly.  This  proclamation  does  not  appear  in  the 
Council  Journal.  It  seems  from  a  letter  written  by  Gov- 
ernor Cornbury  to  the  Lords  of  Trade  July  1,  1708  (Col. 
Doc.  Vol.  V,  p.  61),  that  the  Burlington  proclamation  was 
for  an  adjournment  instead  of  a  dissolution.  The  Council 
minutes  for  July  9,  1708,  recite  the  issuing  of  writs  of  elec- 
tion for  an  Assembly  to  meet  on  the  18th  of  August  follow- 
ing, and  also  contain  a  statement  that  a  proclamation  was 
directed  to  be  issued  dissolving  "  this  Assembly,"  from 
which  it  would  appear  that  the  Tenth  Assembly  had  not 
then  been  dissolved.  There  is  no  record  of  any  meeting  of 
the  Assembly  between  the  21st  of  October,  1706,  and  the 
18th  of  August,  1708. 

The  validity  of  the  Burlington  proclamation  was  ques- 
tioned in  New  York  on  the  ground  that  the  Governor  had 
no  power  to  issue  such  a  proclamation  outside  the  Province. 


LORD  COENBUEY,  1708.  127 

In  the  letter  above  cited,  Lord  Cornbury  refers  to  this  objec- 
tion, and  submits  to  the  Lords  of  Trade  the  question 
whether  any  order  signed  by  him  in  one  Province  is  to  be 
of  force  in  the  other.  His  own  views  were  not  only  ex- 
pressed by  the  proclamation  itself,  but^he  seems  to  have 
considered  that  his  appointment  as  Governor  of  New  York 
and  also  of  New  Jersey,  though  by  distinct  commissions, 
had  in  effect  produced  a  union  of  the  two  Provinces  for 
purposes  of  administration.  In  a  letter  from  Lieutenant- 
Governor  Ingoldesby  to  the  Lords  of  Trade,  dated  Novem- 
ber 10,  1705  (Col.  Doc.  IV,  1162),  the  Lieutenant-Governor 
says  that  Governor  Cornbury  had  not  permitted  him  to  act 
as  Lieutenant-Governor  of  New  York,  although  the  Gov- 
ernor was  absent  in  New  Jersey,  and  he  (Cornbury)  claimed 
that  when  he  was  in  either  of  his  governments  of  New  York 
or  New  Jersey,  he  was  in  both. 

The  Lords  of  Trade  considered  Governor  Cornbury 's 
question  in  a  letter  of  instructions  to  Governor  Hunter 
dated  December  23,  1709,  and  sustained  the  Governor's 
power  to  act  in  one  colony  while  in  the  other.  It  should  be 
noted  that  by  the  commissions  to  the  Governor  and  Lieu- 
tenant-Governor, the  Lieutenant-Governor  was  to  act  in 
case  of  the  Governor's  absence.  The  same  rule  is  prescribed 
in  the  State  Constitution. 

The  Eleventh  Assembly  met  on  the  18th  of  August,  1708, 
and  on  the  20th  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  I  am  glad  to  see  so  full  an  appearance  so 
early,  especially  at  this  time,  when  the  country  stands  in 
the  greatest  need  of  your  assistance. 

The  chief  things  I  have  to  recommend  to  the  considera- 
tion of  you,  Gentlemen  of  the  House  of  Representatives,  at 
this  time,  are  these:  First,  I  am  in  duty  to  the  Queen 
obliged  to  put  you  in  mind  that  her  Majesty's  revenue  in 


128  MESSAGES  FROM  THE  GOVERNOR. 

this  Province  expires  in  May  next.  I  don't  doubt  but  you 
will  always  take  care  to  provide  for  the  support  of  the  gov- 
ernment. 

The  militia  act  is  already  expired.  I  think  it  is  abso- 
lutely necessary  to  revive  that  act,  else  it  will  be  difficult 
to  bring  some  people  to  do  their  duty  in  case  the  enemy 
should  attempt  anything  against  this  Province.1 

In  the  year  1703,  Captain  Higby  was  sent  up  to  Albany 
with  a  detachment  for  the  defence  of  the  frontiers,  at  a 
time  when  if  that  care  had  not  been  taken,  most  if  not  all 
the  out-farms  had  broke  up  and  retired  into  the  Town. 
There  was  a  contract  made  with  Mr.  Hendrick  Hansen  for 
subsisting  those  men ;  he  performed  his  part.  It  is  reason- 
able he  should  be  paid;  the  revenue  is  not  able  to  bear  it, 
and  I  hope  you  will  not  leave  that  burthen  upon  me.2 

In  the  year  1705  the  French  privateers  so  infested  this 
coast  that  the  gentlemen  of  her  Majesty's  Council  were  of 
opinion  with  me  that  some  vessels  ought  to  be  fitted  out 
to  endeavor  to  take  the  privateer  who  had  done  the  mis- 
chief, and  accordingly  a  ship,  a  brigantine  and  two  sloops 
were  fitted  out  under  the  command  of  Col.  Peartree ;  several 
of  the  merchants  of  this  city  furnished  provisions  and  other 
necessaries  for  that  expedition,  who  are  not  yet  paid,  and 
since  the  safety  of  the  country  and  the  preservation  of  the 
trade  of  this  Province  were  the  only  causes  of  that  expense, 
I  hope  this  Assembly  will  think  fit  to  raise  a  fund  to  dis- 
charge that  debt.3 

The  next  thing  which  I  most  earnestly  recommend  to  the 
most  serious  thoughts  of  you,  Gentlemen  of  the  House  of 
Representatives,  is  the  case  of  the  Indians  of  the  Five  Na- 
tions. The  first  year  I  came  into  this  Province  I  gave  the 


1  The  militia  law  was  revived  by  an  act,  chap.  168,  passed  September  18th. 

2An  appropriation  to  pay  the  Hansen  claim  was  made  by  an  act,  chap. 
177.  passed  October  16th. 

3  An  appropriation  for  the  expense  of  the  expedition  against  French  priva- 
teers was  made  by  an  act, 'chap.  180,  passed  October  30th,  providing  for 
various  extraordinary  charges. 


LORD  CORNBUKY,  1708.  129 

Five  Nations  a  large  present;  since  that  time  having  re- 
ceived nothing  from  England  for  that  purpose,  I  have  not 
been  able  to  make  them  any  presents,  and  still  expecting 
presents  from  England  for  them,  I  avoided  troubling  the 
Assembly  on  this  subject ;  but  now  being  well  assured  that 
unless  some  presents  are  given  this  fall' we  are  in  manifest 
danger  of  losing  some  if  not  all  those  Five  Nations  by  the 
unwearied  endeavors  of  the  French,  who  are  continually 
making  them  presents,  and  using  of  other  endeavors  to  de- 
bauch them  from  us,  I  thought  it  an  indispensable  duty 
upon  me  to  lay  this  before  you  as  a  thing  of  the  greatest 
consequence.  I  need  not  tell  you  what  unhappy  circum- 
stances this  and  the  neighboring  Provinces  will  labor  under 
if  one  of  those  Five  Nations  of  Indians  should  leave  the 
interest  of  England  and  turn  to  the  French.  You  are  very 
good  judges  of  that  matter,  therefore  I  shall  not  enlarge 
further  upon  this  subject,  only  desire  you  will  provide  such 
a  sum  as  you  think  proper  to  be  laid  out  in  presents  for  the 
Five  Nations  and  the  Schackock  Indians.4 

I  can't  omit  putting  you  in  mind  that  the  act  for  encour- 
aging a  post  office  is  expired;  that  is  of  so  general  advan- 
tage that  I  hope  you  will  revive  it.5 

I  must  observe  to  you,  that  in  the  act  for  clearing  and 
preserving  public  common  highways  there  is  no  penalty 
upon  the  overseers  of  the  highways  if  they  don't  see  them 
made  according  to  the  directions  of  the  commissioners.  I 
think  an  act  for  that  purpose  would  be  of  good  use,  and 
without  it,  I  am  afraid  the  highways  will  never  be  laid  out 
and  made  as  it  was  intended  by  the  act  of  Assembly  they 
should.6 

These  are  the  things  I  thought  proper  to  recommend  to 


*An  act,  chap.  166,  passed  September  18,  appropriated  twelve  hundred  pounds 
to  be  used  for  presents  to  the  Indians. 

6A  new  postoffice  law  was  passed  September  18,  chap.  169. 

6  A  supplemental  highway  law.  chapter  182.  was  passed  on  October  30th. 
It  required  the  inhabitants,  on  notice  from  the  overseers  or  other  officers,  to 
clear  and  maintain  highways  at  least  one  rod  wide. 


130  MESSAGES  FROM  THE  GOVERNOR. 

your  consideration  at  this  time;  if  there  is  anything  else 
which  you  think  ought  to  be  provided  for  by  a  law,  you  shall 
always  find  me  ready  to  consent  to  anything  which  may  be 
for  the  service  of  the  Queen  and  the  good  of  the  country. 

I  think  it  proper  to  acquaint  you  that  Col.  Redknap,  her 
Majesty's  engineer,  has  been  up  at  Albany  with  me  and 
has  viewed  the  frontiers.  He  has  given  me  a  memorial  of 
what  he  thinks  absolutely  necessary  to  be  provided  for  at 
present,  which  memorial  shall  be  laid  before  you  for  your 
consideration. 

There  is  one  thing  I  had  almost  forgot  to  mention,  which 
is  the  condition  of  a  poor  soldier  of  this  garrison,  whose 
name  is  Eichard  Davis,  who  lost  his  arm  on  board  the 
Triton's  prize.  He  has  a  family  of  children  and  nothing  to 
maintain  them  but  his  pay.  When  he  had  his  limbs  he  got 
something  by  his  work,  but  now  he  is  not  able  to  work.  If 
the  country  would  settle  something  upon  him,  it  would  be  a 
very  good  encouragement  to  other  people  to  venture  their 
lives  and  limbs  in  the  service  of  the  country  as  often  as 
occasion  should  require. 

I  have  nothing  more  to  add  at  present,  but  to  recommend 
to  you  unanimity  in  your  proceedings  and  dispatch  of  such 
matters  before  you  as  you  shall  think  fit  to  proceed  upon. 

SPECIAL  MESSAGES. 

August  28.  Presenting  a  list  of  presents  proposed  to  be 
given  to  the  Indians ;  recommending  that  the  commissioners 
of  Indian  affairs  be  reimbursed  for  advances  made  by 
them ; 7  that  provision  be  made  for  the  maintenance  of  one 
hundred  and  fifty  men  and  officers  for  the  ensuing  year; 
also  for  a  "  fund  for  outscouts,  spies  and  other  incidental 
charges  at  the  frontiers."  "  Very  frequently  Indians  are 
sent  with  messages  from  the  sachems,  to  the  commissioners 


7  This    reimbursement   of   the    commissioners    of    Indian    affairs    was    pro- 
vided for  in  the  general  appropriation  act,  chap.  180,  passed  October  30th. 


LORD  CORNBURY,  1708.  131 

for  Indian  affairs;  these  messages  always  create  some 
charges  more  or  less,  and  there  is  no  fund  to  support  that, 
or  the  like  charges. ' '  The  Governor  also  recommended  that 
something  be  done  for  Col.  Schuyler  ' '  who  by  being  very 
well  known  to  all  the  Indians,  is  put  to  great  charges  by 
their  coming  to  his  house,  which  they  use  as  freely  as  if  it 
were  their  own.  I  should  be  very  glad  if  the  Assembly 
would  think  fit,  to  make  him  some  allowance  for  those 
charges. ' ' 

September  1.  Recommending  that  Captain  Norbury  be 
reimbursed  for  expenses  incurred  by  him  in  connection  with 
the  recent  expedition  against  the  French  privateer. 

September  27.  Recommending  that  two  sloops  now  in 
the  harbor  be  sent  in  pursuit  of  the  French  privateer,  and 
that  provision  be  made  for  reimbursing  the  owners  of  the 
sloops  in  case  of  their  injury  of  loss.8 

October  16.  Presenting  a  draft  of  an  address  to  the 
Queen  requesting  her  approval  of  an  act  for  regulating  and 
preventing  the  corruption  of  current  coin.9  The  address 
was  approved.  The  consideration  of  this  subject  was  re- 
newed at  the  first  session  of  the  Assembly  under  Governor 
Lovelace  in  April,  1709. 

October  29.  Recommending  the  consideration  of  meas- 
ures to  supply  fire  wood  and  candles  to  the  garrisons  at 
New  York,  Albany  and  Schenectady. 

November  27.  The  Assembly  was  adjourned  to  the  first 
of  March,  1709. 


8  September  27th,  the  Assembly  adopted  a  resolution  to  "  raise  such  sums 
of  money  as  is  necessary  to  defray  the  hire  and  risk  of  those  two  sloops  for 
this  cruise,"  against  the  French  privateers.     (See  note  3.) 

9  The  act  relating  to  the  corruption  of  coin  was  passed  October  6th,  chap. 
173. 


132  MESSAGES  FROM  THE  GOVEKNOR. 


1709.    APRIL.    TWELFTH  ASSEMBLY,  FIRST  SESSION. 


LORD  LOVELACE,  Governor;    RICHARD  INGOLDESBY, 

Lieutenant-Governor. 

John  Lovelace,  Baron  of  Hurley,  was  appointed  Gov- 
ernor, May  13,  1708.  He  arrived  on  Long  Island  Decem- 
ber 15,  and  on  the  18th  took  the  oath  of  office  and  published 
his  commission.  January  5,  1709,  the  Assembly  was  dis- 
solved and  a  new  one  was  called  to  meet  March  10.  The 
Assembly  met  the  5th  of  April,  and  on  the  7th  the  Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  I  have  called  you  together  as  early  as  you 
could  well  meet  with  conveniency  to  yourselves  to  consult 
of  those  things  which  are  necessary  to  be  done  at  this  time 
for  her  Majesty's  services  and  the  good  of  the  Province. 

The  large  supplies  of  soldiers  and  stores  of  war  for  your 
support  and  defence,  together  with  those  necessary  presents 
for  your  Indian  neighbors  which  her  Majesty  has  now  sent 
you  at  a  tune  when  the  charge  of  the  war  is  so  great  at 
home,  are  evident  proofs  of  her  particular  care  of  you,  and 
I  assure  myself  they  will  be  received  with  those  testimonies 
of  loyalty  and  gratitude  which  such  royal  favors  deserve 
from  an  obliged  and  grateful  people. 

I  am  sorry  to  find  that  the  public  debt  of  the  Province 
is  so  great  as  it  is,  and  that  the  government  here  hath  so 
little  credit,  if  any  at  all  left,  a  government  under  a  Queen 
as  famous  for  her  prudent  and  frugal  management  at  home, 
as  for  her  warlike  and  glorious  actions  abroad.  I  cannot 
in  the  least  doubt,  Gentlemen,  but  that  you  will  raise  the 
same  revenue  for  the  same  term  of  years  for  the  support 
of  the  government  as  was  raised  by  act  of  Assembly  in  the 


I 

LORD  LOVELACE,  1709.  133 

eleventh  year  of  the  reign  of  the  late  King  William  of 
glorious  memory,  and  I  hope  you  will  also  find  out  ways 
and  means  to  discharge  the  debt  that  hath  been  contracted, 
and  allow  to  the  persons  concerned  a  reasonable  interest  till 
the  principal  is  discharged.  To  that  end  I  desire  you  to 
examine  and  state  the  public  accounts  that  it  may  be  known 
what  this  debt  is,  and  that  it  may  appear  hereafter  to  all 
the  world  that  it  was  not  contracted  in  my  time. 

I  must  in  particular  desire  you  to  provide  for  the  neces- 
sary repairs  of  the  fortifications  of  the  Province.  The 
barracks  are  so  small,  and  so  much  out  of  repair,  that  I 
have  been  necessitated  to  billet  the  recruits  that  came  over 
with  me  upon  this  city,  which  I  am  sensible  hath  been  a 
burthen  to  the  inhabitants,  but  I  hope  you  will  soon  ease 
them  of  that  burthen. 

The  fitting  out  a  good  sloop  to  attend  her  Majesty's  men 
of  war  in  their  cruisings  on  this  coast,  I  take  to  be  so  neces- 
sary for  the  preserving  your  navigation,  that  I  expect  you 
will  find  out  a  proper  method  to  defray  that  charge.  I  am 
willing  my  salary  should  be  taxed,  that  I  may  pay  my  quota 
to  so  useful  a  service. 

I  think  myself  obliged  further  to  recommend  to  your  con- 
sideration how  to  prevent  the  exportation  of  the  gold  and 
silver  coin  out  of  the  Province,  least  in  a  short  tune  your 
trade  should  suffer  for  want  thereof.1 

The  Queen  hath  nothing  more  at  heart  than  the  pros- 
perity of  her  subjects.  I  shall  approve  myself  to  her 
Majesty  in  pursuing  those  methods  that  will  best  conduce 
to  that  end.  It  shall  be  my  constant  care  to  promote  peace 
and  union  amongst  you,  to  encourage  you  in  your  trade, 
and  to  protect  you  in  the  possession  your  just  rights  and 
privileges. 


i  This  recommendation  was  included  in  a  law  passed  September  24th,  chap. 
196.  which  prohibited  the  exportation  of  gold  and  silver  coin. 


134  MESSAGES  FROM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

April  20.  Advising  the  Assembly  of  a  proposed  treaty 
of  peace  between  the  Five  Nations  and  the  Waganhas,  and 
recommending  that  a  representative  of  the  Province  be 
present  at  the  treaty  ' '  to  endeavor  to  procure  a  free  trade, 
with  the  Waganha  Indians,"  which  it  was  believed  would 
"very  much  conduce  to  the  advantage  of  the  Province." 
The  Council  had  already  acted  on  the  matter  and  had 
11  ordered  some  of  the  presents  His  Excellency  brought  to 
be  sent  to  the  said  Indians."  It  was  estimated  that  the 
journey  would  cost  fifty  pounds,  and  the  Assembly  was 
asked  to  provide  the  needed  funds.2 

April  22.  The  passage  of  a  law  in  October,  1708,  to 
regulate  and  prevent  the  corruption  of  current  coin  has 
already  been  noted,  and  also  Governor  Cornbury's  action 
thereon.  An  address  to  the  Queen  was  prepared  praying 
her  approval  of  the  colonial  statute,  which  was  intended  to 
supersede  in  New  York  a  recent  act  of  Parliament  to  ascer- 
tain the  rates  of  foreign  coin  in  the  American  plantations, 
and  it  was  to  take  effect  on  the  first  of  May  following. 
April  22,  the  Assembly  presented  an  address  to  Governor 
Lovelace  requesting  him  to  put  the  colonial  act  into  opera- 
tion until  the  Queen's  pleasure  concerning  it  be  known. 
The  Governor  expressed  regret  that  he  could  not  comply 
with  the  Assembly's  request,  being  "  obliged  to  put  the  act 
of  Parliament  in  force  pursuant  to  his  instructions,"  but 
would  readily  join  with  the  House  in  any  address  to  the 
Queen  for  her  royal  assent  to  the  colonial  act  relating  to 
coin. 

May  6.     Governor  Lovelace  died. 

May  10.  Richard  Ingoldesby,  Lieutenant-Governor.  It 
has  already  been  noted  that  Major  Eichard  Ingoldesby  was 


2  The  Assembly  adopted  a  resolution  to  make  the  needed  appropriation, 
which  was  provided  for  by  an  act,  chap.  209,  passed  at  the  next  session, 
November  12th,  allowance  being  made  to  David  Schuyler  and  Lawrence 
Claeson  for  their  journey  to  Onondaga. 


I 

RICHARD  INGOLDESBY,  1709.  135 

Commander-in-Chief  of  the  Province  and  exercised  the 
functions  of  Governor  after  the  death  of  Governor  Slough- 
ter  in  1691,  and  until  the  accession  of  Governor  Fletcher. 
November  26,  1702,  Major  Ingoldesby  was  appointed  Lieu- 
tenant-Governor of  New  York,  under  Lord  Cornbury,  and 
was  also  appointed  Lieutenant-Governor  of  New  Jersey. 
The  Colonial  records  show  (Col.  Doc.  IV,  1174)  that  an 
order  was  made  April  11,  1706,  on  the  recommendation  of 
the  Lords  of  Trade,  directing  the  revocation  of  Ingoldesby 's 
commission  as  Lieutenant-Governor  of  New  York,  but 
there  was  apparently  no  formal  warrant  of  revocation 
signed  by  the  Queen.  The  Lieutenant-Governor  therefore 
continued  to  hold  the  office,  and  on  the  death  of  Governor 
Lovelace  May  6,  1709,  he  became  Acting  Governor.  His 
commission  as  Lieutenant-Governor  was  formally  revoked 
September  7,  1709. 

May  10.  The  Assembly  met  pusuant  to  its  own  adjourn- 
ment. At  this  meeting  Lieutenant-Governor  Ingoldesby 
said: 

"  GENTLEMEN.—  My  Lord  Lovelace  being  dead,  and  the 
government  thereby  devolved  on  me,  I  have  sent  for  you, 
to  recommend  to  your  consideration,  his  Excellency's 
speech  at  the  beginning  of  the  session,  wherein  I  find  he  has 
taken  notice  of  those  things  which  I  conceive  are  at  present 
necessary  to  be  provided  for  by  you;  if  there  be  anything 
further,  which  you  shall  judge  necessary  for  her  Majesty's 
service,  and  the  good  of  the  country,  I  shall  be  very  ready 
to  concur  with  you  therein. ' ' 

SPECIAL  MESSAGES. 

May  17.  Communicating  various  items  of  information 
relative  to  a  proposed  expedition  to  Canada,  and  recom- 
mending that  the  Assembly  give  the  subject  immediate  con- 
sideration.3 


3  An   act,   chap.    186,    was   passed   May   24th,    appropriating   six   thousand 
pounds  for  the  expedition  to  Canada. 


136  MESSAGES  FROM  THE  GOVERNOR. 

June  21.  Eecommending  the  establishment  of  a  post 
"  from  Albany  to  Westfield,  for  holding  a  correspondence 
between  Boston  and  Albany,  for  the  service  of  the  present 
expedition,  the  Province  of  Massachusetts  Bay  having  set- 
tled a  post  from  Boston  to  Westfield." 

August  18.  The  Lieutenant-Governor  adjourned  the 
Assembly  to  the  1st  of  September. 


1709.    SEPTEMBER.     TWELFTH  ASSEMBLY,  SECOND   SESSION. 


RICHARD   INGOLDESBY,  Lieutenant-Governor. 

The  Assembly  was  adjourned  to  the  first  of  September, 
but  no  business  was  transacted  until  the  7th.  The  records 
do  not  show  that  any  speech  by  the  Lieutenant-Governor 
was  delivered  at  the  opening  of  this  session. 

SPECIAL  MESSAGES. 

September  15.  Transmitting  "  the  account  of  Thomas 
Cocker  ill,  amounting  to  fifty-nine  pounds,  for  messengers 
and  necessaries  for  them,  sent  to  the  Five  Nations  on  the 
treaty  of  peace  between  them  and  the  Waganna  Indians." 
(See  last  session,  note  2;  ante,  p.  134.) 

September  21.  Transmitting  an  address  from  the  mu- 
nicipal authorities  at  Albany,  and  recommending  a  confer- 
ence committee  of  the  two  houses  to  consider  the  subject 
of  the  address;  that  a  joint  committee  of  the  two  houses 
' '  draw  up  a  state  of  this  Province,  occasioned  by  the  delay 
of  the  fleet,  and  the  extraordinary  charge  this  government 
has  been  at,  in  this  expedition  against  Canada,  in  order  the 
same  may  be  laid  before  her  Majesty."  The  records  do 
not  disclose  the  subject 'of  the  Albany  address. 

October  6.  Transmitting  letters  and  other  documents 
relative  to  the  expedition  to  Canada,  including  a  letter  from 
Colonel  Vetch,  requesting  the  appointment  of  a  committee 


i 

KICHABD  INGOLDESBY,  1709n  137 

of  two  members  from  each  house  to  join  him  in  a  confer- 
ence with  several  Governors  and  others  at  Newport  "to 
concert  proper  measures  on  the  expedition  to  Canada," 
also  a  statement  of  the  camp  at  Woods  Creek. 

October  11.  Transmitting  other  letters  relating  to  the 
proposed  congress  at  Newport,  on  which  the  Assembly  de- 
clared its  inability  to  act  without  further  information  con- 
cerning the  delay  in  the  arrival  of  the  fleet  and  the  change 
of  resolutions  in  Europe. 

October  11.  At  a  joint  meeting  of  the  two  houses  the 
Lieutenant-Governor  approved  certain  bills,  and  made  the 
following  speech : 

"  GENTLEMEN.—  The  condition  of  her  Majesty's  forts  at 
Albany  and  Schenectady,  together  with  the  works  around 
the  town,  are  so  well  known  that  I  need  not  be  particular 
in  telling  you  wherein  they  are  defective.  The  incursions 
which  we  have  but  too  much  reason  to  apprehend  from  the 
French  at  Canada,  and  their  Indians,  this  approaching  win- 
ter, oblige  me  for  the  security  of  her  Majesty's  subjects  in 
the  frontiers  of  this  Province,  and  the  common  security  of 
the  whole,  to  recommend  to  you,  with  all  the  earnestness  I 
can,  to  raise  a  fund,  for  the  putting  those  forts  and  fortifi- 
cations in  a  posture  of  defence,  before  the  winter  sets  in, 
to  prevent  so  necessary  a  work.  I  hope  I  need  not  use  any 
arguments  to  persuade  you  to  what  must  to  all  discerning 
men  appear  to  be  so  highly  requisite  for  the  preservation 
of  the  frontiers,  and  for  the  good  of  the  country  you 
represent. 

I  am  sensible,  the  money  you  have  raised  this  year  has 
been  extraordinary ;  yet  I  cannot  but  desire  you  to  provide 
for  the  repair  of  her  Majesty's  fort  in  this  city,  which  very 
much  wants  it ;  the  barracks  are  so  far  decayed,  that  I  doubt 
unless  some  speedy  measures  be  taken,  they  will  in  a  short 
time  require  a  far  greater  sum  to  put  them  in  a  condition 
to  accommodate  the  soldiers;  many  of  the  carriages  are 
likewise  much  out  of  repair,  and  without  some  care  be  taken 
of  them,  the  guns  will  soon  want  new  ones,  and  though 
those  her  Majesty  was  pleased  to  send  with  my  Lord  Love- 
lace are  yet  very  good,  yet  without  some  labor  and  expense 
the  winter  will  render  a  greater  charge  necessary  for  them." 


138  MESSAGES  FKOM  THE  GOVERNOE. 

October  12.  The  Assembly  presented  an  address  to  the 
Lieutenant-Governor  describing  conditions  on  the  northern 
frontier,  and  requesting  him  * '  to  give  directions  that  all 
her  Majesty's  regular  troops,  be  posted  this  winter,  upon 
the  frontiers  of  Albany  and  parts  adjacent,  for  the  security 
of  those  inhabitants,  who  are  exposed  next  to  the  danger  of 
the  enemy,  our  maritime  confines  being  sufficiently  defended 
by  the  season  of  the  winter  instant."  Beplying  the  Lieu- 
tenant-Governor said  ' '  he  was  afraid  the  regular  troops, 
by  reason  of  their  sickness  would  not  be  sufficient  for  that 
service,  but  he  would  take  all  possible  care  for  the  defence 
of  the  frontiers. ' ' 

The  next  day  the  Lieutenant-Governor  informed  the 
Assembly  that  the  subject  of  troops  on  the  frontier  had 
been  under  consideration  in  the  Council.  He  thought  all 
of  the  troops  able  to  do  duty  should  be  left  at  Albany  dur- 
ing the  winter,  and  that  invalids  should  be  sent  to  New 
York  and  when  able,  to  do  duty  at  the  fort.  The  Council 
thought  that  all  the  troops  should  be  left  at  Albany,  if  the 
Assembly  or  the  inhabitants  of  Albany  would  care  for  the 
invalids,  provide  * '  fire  and  candles  for  the  garrisons  at 
Albany,  Schenectady  and  New  York,  and  also  raise  a  suit- 
able number  of  the  militia  to  strengthen  the  frontiers,  and 
that  they  take  care  that  a  guard  be  kept  in  the  fort  of  New 
York,  in  a  more  regular  manner  than  hath  hitherto  been 
observed,  and  with  more  ease  to  the  inhabitants  of  this 
town. ' ' 

October  18.  Transmitting  letters  relative  to  the  nego- 
tiations at  Newport,  and  also  several  letters  from  Albany, 
giving  an  account  of  affairs  at  Wood  Creek.  The  next  day 
the  Assembly  adopted  a  resolution  declaring  that: 

"  The  Forces  of  this  Plantation  having  been  raised,  enter- 
tained and  provided  for  by  the  credit  of  this  colony,  for 
three  months  only,  (pursuant  to  her  Majesty's  instruc- 
tions) during  the  summer  season;  the  mortality,  and  other 
ill  consequences  that  have  happened,  has  been  occasioned 
by  their  not  being  punctually  discharged;  though  the  un- 


EICHARD  INGOLDESBY,  1709.  139 

wholesome  situation  of  the  fort  at  Wood  Creek  has  not  a 
little  contributed  to  the  calamity. 

That  those  forts  and  works,  having  been  made  and  raised 
only  for  the  easy  passage  of  men  and  carriage,  and  security 
of  stores  and  provisions,  in  the  intended  reduction  of  Can- 
ada, that  design  being  now  left  off,  are  of  no  use,  nor  could 
the  conveniency  of  keeping  them  up  bear  any  proportion  to 
the  unsupportable  charge. 

That  neither  the  Lieutenant  Governor,  the  Council, 
Assembly,  or  any  of  them,  (when  out  of  this  colony)  have 
power  or  authority  to  do  any  act  binding  to  the  people  here ; 
so  that  the  meeting  at  Newport,  as  to  this  colony,  seems 
very  improper  and  impracticable. 

That  all  motions  of  this  colony,  as  to  the  war  (unless 
necessary  defence)  absolutely  depending  on  the  rules  to  be 
given  by  the  government  of  Great  Britain,  until  further 
powers  or  instructions  from  thence,  no  measures  can  rea- 
sonably be  taken.  We  are  yet  wholly  ignorant  of  the  ends 
to  be  attained;  and  to  consult  of  that  which  is  altogether 
unknown  to  us,  seems  a  very  unintelligible  proposition. 

That  this  house  has  taken  care  for  the  necessary 
defence  of  our  frontiers,  as  far  as  our  unhappy  and  im- 
poverished circumstances  will  allow;  since  the  friendship 
of  the  Five  Nations  is  of  such  consequence  to  the  frontier 
governments,  we  hope  they  will  not  be  wanting  to  them- 
selves in  taking  effectual  means  to  preserve  it. ' ' 

October  20.  The  Lieutenant-Governor  called  a  joint 
meeting  of  the  two  houses,  and  delivered  a  speech  in  which 
he  said  that  the  subject  of  the  negotiations  at  Newport  had 
been  under  consideration  by  the  Council,  and  they 

"  are  of  opinion  thereon,  and  upon  her  Majesty's  instruc- 
tions to  Col.  Vetch,  and  her  letter  to  the  Governor  of  this 
Province  on  the  expedition,  that  it  is  proper  for  me  to  be 
present  at  the  Congress  at  Ehode  Island,  though  they  do 
not  think  themselves  directed  thereby,  to  go  out  of  the 
Province,  I  am  very  willing  to  go  thither,  since  it  is  thought 
her  Majesty's  service  requires  it,  and  that  I  may  be  enabled 
to  prosecute  any  intentions,  I  have  required  your  attend- 
ance at  this  time,  both  to  inform  you  thereof,  and  to  recom- 
mend to  you  the  providing  a  suitable  sum  of  money,  to  de- 
fray my  expenses,  which  I  hope  will  meet  with  a  speedy 
compliance  from  you." 


140  •  MESSAGES  FROM  THE  GOVERNOR. 

The  Assembly,  resuming  its  separate  session,  adopted  a 
resolution  declaring  * '  that  this  House  not  being  able  to  dis- 
cover the  just  reasons  which  induce  his  Honor  to  go  to 
Ehode  Island  at  this  time,  cannot  think  it  fit,  to  interest 
themselves  so  far  in  the  consequences  that  may  attend  it, 
as  to  raise  any  money  for  that  purpose." 

October  22.  Transmitting  two  letters  from  Lord  Sun- 
derland  to  the  late  Governor  Lovelace  ' '  importing  that  the 
designed  expedition  on  Canada  is  laid  aside, ' ' l  and  also  a 
communication  containing  the  votes  and  address  of  the  con- 
gress of  Governors  at  Rehoboth. 

November  10.  Transmitting  a  petition  from  Robert  Mil- 
ward  relative  to  his  salary  as  a  justice  of  the  supreme  court. 

November  12.  Presenting  a  proposed  address  to  the 
Queen,  which  was  approved. 

November  12.  The  Assembly  was  adjourned  to  the  first 
Tuesday  in  March,  1710,  and  by  subsequent  adjournments 
was  continued  to  April  14.  But  it  did  not  meet  at  that  time 
and  never  met  again.  It  apparently  ceased  to  exist  by 
reason  of  a  failure  to  adjourn.  The  expected  arrival  of 
Governor  Hunter,  who  had  been  appointed  in  the  previous 
October,  was  probably  a  sufficient  reason  for  permitting 
this  indirect  dissolution  of  the  Assembly.  It  was  the  usual 
custom  for  the  Governor  on  his  accession  to  call  a  new 
Assembly.  The  Council  minutes  do  not  show  a  formal  dis- 
solution of  the  Assembly,  but  the  record  for  June  20,  1710, 
shows  that  the  subject  of  an  Assembly  was  considered,  and 
the  Council  at  that  time  expressed  the  opinion  that  the  first 
of  September  was  the  "  properest "  time  for  the  Assembly 
to  meet. 


lAn  act.  chap.  209,  was  passed  November  12,  1709,  authorizing  bills  of 
credit  to  reimburse  several  persons  for  expenses  incurred  by  them  in  the 
expedition  to  Canada. 


1710.     SEPTEMBER.    THIRTEENTH  ASSEMBLY,  FIRST  SESSION. 


ROBERT  HUNTER,  Governor. 

Robert  Hunter,  who  had  previously  held  the  office  of 
Governor  of  Virginia,  was  appointed  Governor  of  New 
York  by  a  commission  bearing  date  October  19,  1709,  and 
was  also  appointed  Governor  of  New  Jersey.  He  arrived 
in  New  York,  June  14, 1710.  On  the  accession  of  George  I. 
Governor  Hunter  received  a  new  commission  bearing  date 
March  17,  1715. 

It  seems,  though  the  Council  minutes  are  not  explicit  on 
this  point,  that  on  the  20th  of  June,  1710,  it  was  determined 
to  call  a  new  Assembly  to  meet  on  the  first  of  September. 
The  Assembly  met  on  that  day,  and  after  it  had  been  organ- 
ized in  the  usual  manner,  Governor  Hunter  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN. —  It  is  with  some  concern  that  I  speak  to  this 
House  from  a  place  of  this  eminence,  being  unfeignedly 
conscious  to  myself  of  my  own  unworthiness  and  how  un- 
equal I  am  to  so  great  a  trust,  but  deriving  that  honor  from 
the  best  fountain  from  whence  it  has  ever  flowed,  least  I 
also  should  too  hastily  blame  her  choice,  I  make  no  other 
use  of  that  humbling  reflection  than  as  a  continued  motive 
to  double  my  endeavors  for  the  public  welfare  in  the  pro- 
portion that  I  fall  short  in  rank  and  dignity  of  those  illus- 
trious persons  who  have  borne  this  office  before  me,  which 
is  doing  her  Majesty  most  effectual  service  her  own  way. 

I  shall  trouble  you  no  more  with  what  relates  to  myself. 
As  to  what  relates  to  you,  I  am  confident  that  what  I  have 
to  recommend  wants  neither  arts  nor  arguments  to  enforce, 
it  being  only  your  duty,  your  interest  and  common  justice ; 
that  is,  to  provide  a  suitable  support  for  her  Majesty's 

[141] 


142  MESSAGES  PROM  THE  GOVERNOR. 

government,  to  take  more  effectual  care  of  the  public  safety, 
and  to  restore  the  public  credit  in  a  great  measure  lost.  As 
to  the  first  of  these  I  am  commanded  by  her  Majesty  in  a 
very  particular  manner  to  recommend  to  you  the  settling 
such  a  revenue,  and  for  such  a  term,  as  you  yourselves  who 
are  the  most  competent  judges  shall  think  sufficient  to  an- 
swer the  ends. 

In  relation  to  the  present  state  of  the  public  safety,  I 
must  beg  your  patience  whilst  I  acquaint  you  with  the  dis- 
mal view  I  have  lately  had  of  our  danger  whilst  I  was  upon 
the  frontiers. 

I  received  there  two  pressing  letters  from  the  Governor 
of  New  England  at  the  instance  of  that  Assembly,  seconded 
by  the  court  of  officers  there,  representing  the  cruelties  and 
barbarities  daily  committed  by  the  French  and  French  In-* 
dians  upon  their  frontiers,  though  guarded  by  five  hundred 
armed  men,  whilst  he  was  raising  one  thousand  for  her 
Majesty's  immediate  service,  and  begging  that  I  would  per- 
suade our  Indians  who  are  in  league  with  all  her  Majesty's 
subjects,  to  make  a  diversion  by  incursions  and  reprisals 
upon  those  in  the  French  interest.  Then  it  was  that  I  found 
that  had  it  been  judged  advisable  by  the  commissioners  of 
the  Indian  affairs,  the  only  persons  I  had  to  advise  withal, 
or  had  the  Indians  consented  to  comply  with  the  desires 
of  the  government  of  New  England,  it  was  so  far  from 
practicable  that  had  these  incursions  been  made  this  way 
we  were  in  a  much  worse  condition  than  they  to  prevent  a 
general  devastation  that  must  have  ensued,  there  being 
neither  money  in  the  treasury,  nor  forts,  or  what  is  worse 
than  none,  no  arms  or  men  for  our  defence,  so  that  we  are 
forced  to  rest  contented  with  a  precarious  security  under 
a  suspicious  neutrality  that  hath  no  firmer  foundation  than 
the  faith  of  savages,  whilst  our  neighbors'  frontiers  are  on 
fire  and  the  inhabitants  inhumanely  butchered. 

This  considered  I  hope  I  need  not  recommend  to  you 
what  you  must  be  convinced  is  so  absolutely  necessary,  that 


ROBERT  HUNTER,  1710.  143 

immediate  care  be  taken  so  to  put  those  forts  in  repair  or 
build  others  in  more  convenient  places,1  that  the  militia 
act,  which  is  immediately  to  expire  by  its  own  limitation, 
be  renewed,2  and  what  besides  you  shall  judge  necessary  for 
your  own  safety.  As  to  restoring  the  public  credit,  I  shall 
beg  leave  only  to  observe  to  you  that  public  debts  are  no 
other  than  the  just  demands  of  private  men,  so  that  you  all 
are  or  may  be  in  some  measure  concerned  in  them,  and  as 
in  private  persons  punctual  payment  is  not  only  a  good 
sign,  but  sure  means  of  thriving,  I  believe  the  analogy  will 
hold  pretty  just  with  relation  to  the  state. 

Her  Majesty  has  commanded  me  to  recommend  to  you 
the  passing  of  several  laws,  some  of  which  have  been  here- 
tofore enacted,  but  being  temporary  are  now  expired ;  par- 
ticularly one  to  prevent  the  burning  of  woods,  which  is  of 
very  evident  necessity  at  this  time,  she  having  sent  hither 
under  my  care  a  great  number  of  distressed  Germans  to 
be  employed  here  in  the  production  of  naval  stores,  which 
must  in  time  prove  a  great  addition  of  wealth  and  strength 
to  this  province;3  as  also  an  act  whereby  the  creditors  of 
persons  becoming  bankrupt  in  Great  Britain  and  having 
estates  in  this  Province  may  be  relieved  and  satisfied  for 
such  debts.  This  is  but  what  is  just  and  honest  and  what 
nearly  concerns  your  reputation,  there  lying  a  general  im- 
putation upon  the  Provinces  in  America  of  protecting  bank- 
rupts from  the  just  demands  of  their  creditors ;  let  us  wash 
ourselves  clean  of  it  by  such  a  law. 

It  has  been  a  practice  formerly  in  this  and  other  planta- 
tions to  make  large  presents  to  their  Governors  by  a  law 
for  that  purpose  which  was  attended  with  many  inconveni- 


1  By  an   act,   chap.   220,   passed  November   25th,   provision  was   made  for 
repairing  the  forts  at  Albany  and  Schenectady. 

2  The  militia  law  was  revived  by  an  act,  chap.  213,  passed  October  30th. 

3  A  law  prohibiting  the  burning  of  woods  was  passed  November  25th,  chap. 
219,  applicable  only  in  the  counties  of  Suffolk,  Queens,  and  Kings,  and  in 
the  city  and  county  of  New  York. 


144  MESSAGES  FEOM  THE  GOVEBNOB. 

ences ;  her  Majesty  has  commanded  me  to  let  you  know  that 
no  law  of  that  nature  is  to  be  passed  for  the  future. 

For  my  own  part  I  shall  always  be  ready  to  advise  and 
cheerfully  to  concur  with  you  in  whatsoever  measures  may 
be  thought  necessary  for  promoting  the  public  good,  true 
religion  and  virtuous  life,  which  is  the  ultimate  end  of  all 
government.  You  have  but  one  common  interest  and  con- 
sequently ought  to  be  of  one  mind;  if  any  go  about  to  dis- 
turb your  peace  by  reviving  buried  parties  and  piques,  or 
creating  new  ones,  they  shall  meet  with  no  countenance  or 
encouragement  from  me,  and  I  am  sure  they  deserve  as 
little  from  you. 

SPECIAL  MESSAGES. 

September  9.     Thanking  the  Assembly  for  its  address. 

September  11.  Transmitting  an  order  of  the  Queen  re- 
pealing an  act  for  regulating  and  establishing  fees,  passed 
May  24,  1709;  an  act  to  relieve  this  colony  from  divers 
irregularities  and  extortions,  passed  the  6th  of  October, 
1708 ;  an  act  to  enable  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New  York  to  raise  six  hundred  pounds  in  two 
years  for  the  uses  therein  mentioned,  passed  October  6, 
1708;  communicating  the  Queen's  instruction  directing  the 
Governor  "  to  regulate  and  settle  the  fees  with  the  advice 
of  the  Council, ' '  and  informing  the  Assembly  that  the  Coun- 
cil would  prepare  an  ordinance  relating  to  fees;  and  pre- 
senting a  statement  of  the  expense  incurred  by  officers  who 
came  from  Canada  with  a  flag  of  truce. 

September  14.  Presenting  a  claim  of  Captain  Higby 
for  compensation  for  the  services  of  himself  and  company 
at  Albany. 

September  26.  Eecommending  the  revival  of  the  post- 
office  act. 

October  20.    Presenting  an  ordinance  relating  to  fees. 

October  27.  Transmitting  a  letter  relative  to  repairing 
the  fortifications  at  Schenectady,  and  a  report  from  the 


ROBERT  HUNTER,  1710.  145 

Commissioners  of  Indian  Affairs  at  Albany,  relating  to.  a 
smith  to  be  continued  in  the  Oneida's  country,  and  what 
tools  will  be  requisite  to  supply  him  for  that  purpose. 

October  28.  For  the  purpose  of  preventing  the  passage 
by  the  Assembly  of  a  bill  proposing  to  "  raise  twenty  five 
hundred  ounces  of  plate  toward  the  Governor's  necessary 
expense  for  a  year,"  the  Governor  communicated  to  the 
Assembly  the  provision  in  his  instructions  prohibiting 
presents  to  the  Governor  and  other  public  officers. 

November  11.  At  a  joint  meeting  of  the  Assembly  and 
Council  the  Governor  delivered  a  speech,  and  presented 
a  letter  from  the  Queen  relative  to  the  late  Governor 
Lovelace,  showing  that  the  day  before  the  Governor  died 
the  Assembly  voted  to  pay  Lord  Lovelace,  or  his  executors 
or  administrators,  sixteen  hundred  pounds,  but  afterwards 
reduced  the  amount  to  five  hundred  pounds,  and  that  eight 
hundred  pounds  had  been  voted  by  the  New  Jersey  Assem- 
bly; that  Lord  Lovelace  had  incurred  an  expense  amount- 
ing to  at  least  four  thousand  pounds  in  connection  with  his 
voyage  to  New  York  and  his  assumption  of  the  office  of 
Governor,  and  that  he  had  received  not  to  exceed  four 
hundred  pounds ;  that  the  widow  had  been  left  in  straitened 
circumstances,  and  had  presented  a  petition  to  the  Queen 
requesting  her  aid  in  securing  an  allowance  from  the  two 
colonies.  Continuing  the  Queen  said  she  had  considered 
the  petition  of  Lady  Lovelace,  and  her  "  great  affliction, 
losses  and  distressed  condition,"  and  was  graciously 
pleased  to  condescend  to  her  request,"  and  the  Governor 
was  thereupon  directed  to  '  *  intimate ' '  to  the  Assembly 
that  in  consideration  of  the  expenses  incurred  by  Lord 
Lovelace,  the  Queen  thought  it  ' '  highly  reasonable  ' '  that 
the  Assembly  should  grant  sixteen  hundred  pounds  to  his 
widow,  ' '  which  they  at  first  intended,  and  which  is  appar- 
ent they  designed  for  the  support  of  herself  and  her  family, 
since  they  voted  the  same  the  very  day  before  his  death, 
when  he  was  believed  to  be  past  recovery,"  and  that  their 
10 


146  MESSAGES  FROM  THE  GOVERNOR. 

speedy   compliance  with   the   Queen's   request   would   be 
highly  acceptable  and  satisfactory. 

In  the  same  speech  the  Governor  reminded  the  Assembly 
of  the  benefits  that  would  probably  result  from  the  pro- 
posed settlement  of  the  Palatines  in  the  Province,  which  he 
said  would  be  an  addition  to  its  wealth  and  strength;  that 
they  were  to  be  settled  at  the  Queen's  expense  and  would 
be  employed  in  a  manufacture  of  infinite  advantage  to  the 
colony,  and  the  Governor  communicated  to  the  Assembly  a 
recommendation  by  the  Lords  of  Trade  that  the  Palatines 
on  their  arrival  in  the  Province  be  immediately  naturalized 
without  fee  or  reward.4 


4  The  transportation  of  Palatines  to  New  York  had  already  been  under 
consideration  for  some  time  "by  the  home  government.  Col.  Hunter,  in  a 
letter  to  the  Lords  of  Trade,  dated  at  London,  November  30,  1709,  soon  after 
he  -was  appointed  Governor  and  before  coming  to  New  York,  referred  to  the 
migration  of  the  Palatines,  and  estimated  the  number  at  three  thousand. 
He  said  they  were  to  be  employed  in  the  production  of  naval  stores,  and 
he  requested  directions  as  to  the  best  place  for  locating  the  new  colonists. 

The  Lords  of  Trade,  in  a  report  on  this  subject,  dated  December  5,  1709, 
(Col.  Doc.  Vol.  5,  p.  117)  say  that  the  "Province  of  New  York  being  the 
most  advanced  frontier  of  your  Majesty's  plantations  on  the  Continent  of 
America,  the  defence  and  preservation  of  that  place  is  of  the  utmost  im- 
portance to  the  security  of  all  the  rest;  and  if  the  said  Palatines  were  seated 
there  they  would  be  an  additional  strength  and  security  to  that  Province, 
not  only  with  regard  to  the  French  of  Canada,  but  against  any  insurrection 
of  the  scattered  nations  of  Indians  upon  that  Continent."  The  report  further 
states  that  the  most  proper  places  for  settling  the  Palatines  are  on  the  Mohawk 
River  and  on  Hudson  River,  "where  are  very  great  numbers  of  pines  fit  for 
production  of  turpentine  and  tar,  out  of  which  rosin  and  pitch  are  made." 
Referring  to  the  objection  that  the  falls  at  Cohoes  might  be  an  interruption 
to  water  carriage  on  the  Mohawk,  the  report  states  that  the  falls  might  be 
avoided  by  a  short  land  carriage  of  not  more  than  three  miles,  and  therefore 
that  they  should  not  be  deemed  a  hindrance  to  settling  the  Palatines  on  that 
River.  The  report  recites  the  recent  revocation  of  extensive  land  grants  in 
the  Province,  by  which  the  Crown  had  resumed  title  to  large  tracts,  which 
had  thereby  become  available  for  the  Palatines.  The  report  recommends  a 
free  grant  of  forty  acres  of  land  to  each  family,  after  they  shall  have  repaid 
out  of  the  produce  of  their  labor,  the  expense  of  settling  them  in  the  Province, 
such  grants  to  contain  a  provision  for  forfeiture  if  the  grantees  should 
engage  in  woolen  manufacture  on  the  granted  lands. 

Governor  Htmter,  in  a  letter  to  the  Lords  of  Trade,  dated  November  14, 
1710  (Col.  Doc.  Vol.  5,  p.  117),  said  the  Palatines  had  been  settled  about 


EOBEET  HUNTER,  1710.  147 

The  Governor  also  said  the  forts  at  Albany  and  Schenec- 
tady  were  so  badly  out  of  repair  as  to  be  unfit  for  use  by 
the  troops  that  winter.  (See  note  1.) 

November  16.  Communicating  a  letter  from  the  Earl  of 
Dartmouth,  Secretary  of  State,  relative*  t;o  a  proposed  ex- 
pedition to  Canada. 

November  25.  The  two  Houses  being  in  joint  meeting, 
the  Governor  announced  the  disposition  of  certain  bills, 
and  delivered  the  following  speech  : 


" 


I  have  waited  with  great  patience,  hoping  that  at  last 
some  temper  might  have  been  found,  by  means  of  which  her 
Majesty's  government  here  might  have  found  its  necessary 
support,  and  some  other  matters  recommended  to  you  by 
her  might  have  met  with  returns  in  some  measure  propor- 
tioned to  so  matchless  goodness  ;  but  being  disappointed  in 
my  hopes,  the  season  far  advanced,  and  many  of  your  mem- 
bers gone  home,  I  have  thought  fit  to  prorogue  you  to  the 
first  day  of  March  next  ;  and  you  are  prorogued  accordingly 
to  the  first  day  of  March  next;  by  which  time,  second 
thoughts  and  better  acquaintance  may  perhaps  create  a 
better  disposition." 

The  Assembly  was  continued  by  other  prorogations  to 
April  5,  1711. 

one  hundred  miles  up  the  Hudson,  in  five  villages,  three  on  the  east  side  on 
lands  purchased  of  Mr.  Robert  Livingston,  and  two  on  the  west  side,  near 
Sawyer's  Creek.  Governor  Hunter  reported  a  serious  mortality  among  the 
Palatines  on  their  voyage  and  soon  after  their  arrival,  and,  according  to  a 
report  by  the  Lords  of  Trade,  dated  February  8,  1711,  2,227  were  settled  in 
the  villages  on  the  Hudson. 

Governor  Hunter,  in  a  letter  to  the  Lords  of  Trade,  dated  October  31, 
1712  (Col.  Doc.  Vol.  5,  p.  347),  said  that  "some  hundreds"  of  the  Palatines 
had  gone  to  Schoharie.  It  appears  from  official  correspondence  of  the  period, 
which  may  be  found  in  volume  five  of  the  Colonial  Documents,  that  the 
project  of  employing  the  Palatines  in  the  production  of  naval  stores  was 
soon  abandoned,  though  a  hundred  thousand  pine  trees  had  been  cut  for  this 
purpose. 

The  proposed  naturalization  law  was  not  passed. 


148  MESSAGES  FKOM  THE  GOVEKNOR. 


1711.    APRIL.    THIRTEENTH  ASSEMBLY,  SECOND  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  met  April  5th,  and  on  the  12th  the  Gov- 
ernor delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN. —  I  hope  you  are  now  come  with  a  disposi- 
tion to  answer  the  ends  of  your  meeting,  that  is,  to  pro- 
vide a  suitable  support  for  her  Majesty's  government  here 
in  the  manner  she  has  been  pleased  to  direct,  to  find  out 
means  to  restore  the  public  credit,  and  to  provide  better 
for  your  own  security. 

They  abuse  you  who  tell  you  that  you  are  hardly  dealt 
by  in  the  augmentation  of  salaries.  Her  Majesty's  in- 
struction, which  1  communicated  to  you  at  our  last  meet- 
ing, might  have  convinced  you  that  it  was  her  tenderness 
towards  her  subjects  in  the  plantations,  who  suffered  under 
an  established  custom  of  making  considerable  presents  to 
their  Governors  by  acts  of  Assembly,  that  induced  her  to 
allot  to  each  of  them  such  a  salary  as  she  judged  sufficient 
for  their  support  in  their  respective  stations,  with  a  strict 
prohibition  of  all  such  presents  for  the  future,  which  in- 
struction has  met  with  a  cheerful  and  grateful  compliance 
in  all  her  other  colonies. 

If  you  have  been  in  anything  distinguished,  it  is  by  an 
extraordinary  measure  of  her  royal  bounty  and  care;  I 
hope  you  will  make  suitable  returns,  lest  some  insinuations, 
much  repeated  of  late  years,  should  gain  credit  at  last,  that 
however  your  resentment  has  fallen  upon  the  Governors,  it 
is  the  government  you  dislike. 

It  is  necessary  at  this  time  that  you  be  told  also  that 
giving  money  for  support  of  government,  and  disposing  of 


ROBERT  HUNTER,  1711.  149 

it  at  your  pleasure,  is  the  same  with  giving  none  at  all. 
Her  Majesty  is  the  sole  judge  of  the  merits  of  her  servants. 
It  is  a  right  which  has  never  yet  been  disputed  at  home, 
and  should  I  consent  to  give  it  up  abroad,  I  should  render 
myself  unworthy  not  only  of  the  trust  reposed  in  me,  but 
of  the  society  of  my  fellow  subjects,  by  incurring  her  high- 
est displeasure. 

If  I  have  tired  you  with  a  long  speech,  I  shall  make 
amends  by  putting  you  to  the  trouble  of  a  very  short 
answer. 

Will  you  support  her  Majesty's  government  in  the  means 
she  has  been  pleased  to  direct,  or  are  you  resolved  that 
burthen  shall  lie  still  upon  the  governor,  who  cannot  accuse 
himself  of  anything  that  may  have  deserved  this  treat- 
ment at  your  hands? 

Will  you  take  care  of  the  debts  of  the  government,  or  to 
increase  my  sufferings,  must  I  continue  under  the  torture 
of  the  daily  cries  of  such  as  have  just  demands  upon  you 
and  are  in  misery  without  the  power  of  giving  them  any 
hopes  of  relief? 

Will  you  take  more  effectual  care  of  your  own  safety  in 
that  of  your  frontiers,  or  are  you  resolved  for  the  future 
to  rely  upon  the  security  of  an  open  winter  and  the  caprice 
of  your  savage  neighbors? 

I  shall  be  sorry  if  this  plainness  offends  you.  I  judged 
it  necessary  toward  the  establishing  and  cultivating  a  good 
understanding  betwixt  us,  and  I  hope  it  will  be  so  con- 
strued and  wish  heartily  it  may  have  that  effect. 

SPECIAL  MESSAGES. 

April  13.  The  question  which  had  arisen  near  the  close 
of  Governor  Cornbury's  administration,  as  to  his  power 
while  in  New  Jersey  to  make  orders  affecting  New  York 
was  revived  at  this  session.  Governor  Hunter,  on  the  3d  of 
February,  1711,  while  at  Burlington,  New  Jersey,  had 


150  MESSAGES  FROM  THE  GOVERNOR. 

issued  a  proclamation  proroguing  the  New  York  Assembly 
to  the  third  of  April.  On  the  13th  the  Assembly  appointed 
a  committee  to  wait  on  the  Governor  and  request  him  to 
communicate  to  the  Assembly  * '  that  part  of  his  instruc- 
tions relating  to  his  exercising  the  powers  of  government 
here,  when  his  Excellency  is  out  of  the  colony. ' ' 

On  the  18th  the  Governor  sent  to  the  Assembly  an  extract 
from  a  letter  received  by  him  from  the  Lords  of  Trade, 
dated  December  23,  1709,  in  which  they  said  the  opinion 
that  the  Governor  could  not  make  orders  for  New  York 
while  in  New  Jersey,  or  vice  versa,  was  "  groundless  and 
unreasonable,"  "  the  contrary  being  practised  every  day 
here,  by  the  Lords  Lieutenants  of  counties  and  particularly 
by  the  Lords  Lieutenants  of  Ireland,  who  frequently  send 
orders  into  Ireland,  whilst  they  are  residents  of  this  King- 
dom." (Col.  Doc.  Vol.  5,  p.  155.) 

On  the  19th  the  Assembly,  by  a  vote  of  twelve  to  five, 
determined  that  it  had  no  power  to  act  under  the  New 
Jersey  prorogation. 

April  20.    The  Governor  dissolved  the  Assembly. 

No  acts  were  passed  at  this  session. 


1711.     JULY.     FOURTEENTH  ASSEMBLY,  FIRST  SESSION. 


ROBERT  HUNTER,  Governor. 

This  Assembly  was  called  to  meet  June  20,  but  before 
that  day  it  was  prorogued  to  the  second  of  July,  at  which 
time  the  Assembly  was  organized,  and  the  Governor  deliv- 
ered the  following 

OPENING  SPEECH. 

GENTLEMEN. —  What  I  have  chiefly  to  impart  and  recom- 
mend to  you  at  this  time  is  the  expedition  her  Majesty  has 


ROBERT  HUNTER,  1711.  151 

undertaken  against  the  common  enemy  in  these  parts  for 
asserting  her  just  rights  and  procuring  a  solid  and  lasting 
security  amongst  other  blessings  to  her  good  subjects  on 
this  Continent  and  their  posterity  as  it  is  most  pathetically 
set  forth  in  the  preamble  of  her  royal  instructions  for  that 
purpose,  which  I  am  commanded  to  communicate  to  you. 

I  am  far  from  entertaining  the  least  doubt  of  your  ready 
compliance  with  what  is  expected  on  your  part  on  this 
occasion.  Her  Majesty's  honor  and  your  interest  insep- 
arable from  her's,  being  the  prize  you  contend  for,  I  must 
only  with  all  earnestness  recommend  dispatch,  upon  which 
the  whole  design  seems  now  to  depend,  the  fleet  and  forces 
being  already  arrived  at  Boston  in  good  condition  and 
health,  completely  furnished  with  all  things  necessary  for 
so  great  and  glorious  an  enterprise,  and  wait  for  nothing 
but  the  expediting  of  what  is  necessary  and  required  on 
your  part. 

According  to  the  repartition  of  the  land  force  appointed 
to  act  on  this  side  under  the  command  of  General  Nichol- 
son, agreed  upon  in  the  council  of  war  assembly  at  New 
London  by  her  Majesty's  order,  your  quota  amounts  to  six 
hundred  private  sentinels  besides  officers,  as  you  will 
observe  by  this  schedule  marked  (A).1 

Besides  the  necessary  provisions  for  that  number,  it  will 
be  requisite  that  you  find  ways  and  means  for  their  pay 


i  An  act,  chap.  224.  passed  July  11,  provided  for  raising  six  hundred  men, 
besides  officers,  for  the  expedition  to  Canada,  and  an  act,  chap.  227,  passed 
July  26th,  appropriated  ten  thousand  pounds  to  pay  the  men  who  served 
in  the  expedition.  Another  act,  chap.  228,  passed  the  same  day,  authorized 
a  bounty  of  six  pounds  each  to  not  more  than  fifty-two  volunteers  in  New 
York,  and  three  pounds  each  to  forty-seven  volunteers  in  Albany,  the  bounties 
to  be  a  charge  against  the  respective  cities,  and  to  be  in  addition  to  any 
other  compensation  provided  by  law.  Special  provision  was  made  for  the 
defence  of  the  Province  during  the  expedition  by  an  act,  chap.  233,  passed 
August  4th.  which  required  the  erection  of  two  beacons  at  the  Narrows,  one 
on  each  side,  and  one  at  Rockaway,  with  a  great  gun,  and  also  sentinels  con- 
stantly on  guard  at  each  beacon.  All  able  bodied  men.  with  a  few  exceptions, 
were  required  to  list  themselves  and  be  prepared  for  instant  service. 


152  MESSAGES  FROM  THE  GOVERNOR. 

and  that  of  their  field,  staff  and  other  officers,  for  building 
a  sufficient  number  of  battoes,  for  transporting  them  and 
their  provisions,  for  subsisting  the  Indians  of  the  Five 
Nations  and  river  Indians,  for  paying  and  subsisting  those 
of  Long  Island  who  were  found  to  be  of  great  use  in  the 
last  attempt  of  this  kind,  for  the  twelve  pence  per  day 
augmentation  of  the  lieutenants'  pay  sent  hither,  as  her 
Majesty  has  directed,  and  for  such  other  contingent 
charges  as  must  arise  upon  such  occasions  and  you  your- 
selves shall  judge  requisite. 

By  the  invoice  marked  (B)  you  will  be  made  acquainted 
with  her  Majesty's  signal  bounty  in  arming,  clothing  and 
equipping  the  forces  to  be  raised  by  you,  and  furnishing 
very  considerable  stores  of  war  for  this  undertaking,  all 
which  are  arrived  at  Boston,  and  what  is  destined  for  us 
expected  here  every  moment. 

There  is  one  thing  that  would  contribute  much  toward 
the  redeeming  of  time  which  is  all  that  can  be  thought  of 
which  may  be  wanting  on  this  occasion,  that  is,  the  enter- 
ing forthwith  upon  resolves,  if  you  so  please,  for  the  en- 
couragement of  volunteers,  an  act  for  that  purpose  being 
of  such  a  nature  as  may  require  time,  during  which  upon 
the  credit  of  your  votes  the  levies  may  proceed.  One  thing 
more  is  necessary,  that  you  state  the  prices  of  provisions 
and  other  requisites  by  a  resolve  of  your  House,  to  pre- 
vent extravagant  demands  at  this  time.2 

When  you  have  gone  through  what  is  requisite  for  this 
important  service,  I  must  recommend  to  you  the  support 
of  government,  the  public  debts,  and  the  care  of  your 
frontiers,  all  which  very  much  require  your  consideration 
at  this  time. 


2  An  act,  chap.  225,  passed  July  26th,  appointed  commissioners  to  procure 
provisions  and  other  necessaries  for  the  expedition  to  Canada,  and  fixed  the 
price  of  such  provisions. 


ROBERT  HUNTER,  1711.  153 


SPECIAL  MESSAGES. 

July  23.  Recommending  the  employment  of  armed 
sloops  to  cruise  on  this  coast,  the  men  of  war  on  this  sta- 
tion having  been  ordered  to  go  on  the  expedition  to  Canada. 

July  26.  Relating  to  an  unlawful  seizure  of  goods  by 
one  of  the  customs  officers. 

July  26.  Recommending  that  the  transports  used  in 
conveying  goods  for  the  expedition  to  Canada  be  exempted 
from  tonnage  duty.  The  Assembly  adopted  a  resolution 
accordingly. 

July  26.    Approving  two  addresses  to  the  Queen. 

July  28.  Recommending  the  construction  of  "  battoes  " 
for  transportation  of  the  quota  of  stores  raised  in  this 
Province  for  the  expedition,  also  recommending  a  bill  pro- 
viding for  the  enlistment  of  recruits  for  the  expedition,  and 
presenting  a  scheme  for  the  security  and  defence  of  the 
Province  during  the  expedition. 

August  1.  From  the  Council,  recommending  a  bill  for 
the  effectual  punishment  of  mutiny,  desertion  and  disobedi- 
ence in  any  of  the  troops  raised  for  the  present  expedition 
against  Canada,  and  the  militia  of  this  Province  during  the 
said  expedition ;  to  which  the  Assembly  replied  that  it  was 
content  with  existing  laws  on  this  subject. 

August  4.  After  announcing  his  approval  of  certain 
bills,  the  Governor  prorogued  the  Assembly  to  Septem- 
ber 10th,  at  the  same  time  expressing  his  thanks  *  *  in  her 
Majesty's  name  "  for  the  assistance  rendered  in  the  expe- 
dition to  Canada,  and  expressing  the  hope  that  the  Assem- 
bly would  meet  in  September  ' '  with  a  cheerful  disposition 
to  take  effectual  care  of  what  has  been  so  long  under  de- 
liberation, and  what  so  nearly  concerns  the  Province,  that 
is,  ' '  tlie  support  of  government,  the  public  debts,  and  the 
security  of  the  frontiers." 


154  MESSAGES  FBOM  THE  GOVEKNOE. 

1711.   OCTOBER.   FOURTEENTH  ASSEMBLY,  SECOND  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  had  been  prorogued  to  the  10th  of  Septem- 
ber, but  no  business  was  done  until  the  second  of  October, 
at  which  time  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  Though  your  meetings  have  been  frequent, 
I  find  with  unspeakable  sorrow  the  occasions  for  them 
multiply.  The  miscarriage  of  that  great,  that  well-con- 
certed enterprise,  the  chief  advantage  of  which  was  to 
redound  to  you  —  to  her  Majesty  only  the  glory  and  pleasure 
of  having  purchased  for  you  at  a  very  dear  rate  a  lasting 
tranquility  —  this  fatal  miscarriage,  I  say,  calls  loud  for 
your  utmost  application  at  this  time  to  obviate  the  designs 
of  an  enemy  animated  by  our  ill  success  and  prompted  by 
revenge,  who  without  doubt  will  speedily  make  some  at- 
tempt upon  her  Majesty's  subjects  where  they  find  them 
most  unprovided. 

For  this  cause  I  must  now  again  with  all  the  earnestness 
imaginable  intreat  you  to  take  into  your  thoughts  the 
present  state  of  her  Majesty's  government  here,  which 
hitherto  hath  had  no  support,  that  the  officers  thereof  may 
be  enabled  with  cheerful  hearts  and  ready  hands  to  under- 
take what  may  be  necessary  for  our  common  defence. 

That  you  would  also  consider  and  find  a  speedy  remedy 
for  the  woeful  state  of  your  frontiers  at  Albany  and 
Schenectady,  of  which  these  letters  from  the  mayor  and 
corporation  of  Albany  and  the  commissioners  of  Indian 
affairs  will  sufficiently  inform  you.  For  this  purpose  I  be- 
lieve you  will  judge  it  necessary  to  continue  in  pay  during 
this  winter  two  hundred  men  at  least  of  the  troops  raised 


EGBERT  HUNTER,  1711.  155 

by  this  Province  for  strengthening  those  garrisons,  and  to 
find  means  to  repair  those  forts  which  at  present  are  in 
ruins.1 

I  must  also  put  you  in  mind  that  the  militia  act  will 
quickly  expire  by  its  own  limitation,  and  sb  want  a  continua- 
tion by  another.2 

The  debts  of  the  government  cry  so  loud  that  I  am  con- 
fident there  is  nobody  here  who  has  not  been  sometimes 
moved  with  a  generous  compassion  for  those  who  suffer 
under  them. 

Find  out  remedies  for  those  evils,  and  the  best  of  princes 
will  thank  you,  your  enemies  fear  you,  your  fellow  subjects 
applaud  your,  your  posterity  bless  you,  and  I  with  all  the 
efforts  of  my  life  endeavor  to  serve  you. 

SPECIAL  MESSAGES. 

October  3.  Concurring  with  the  Assembly  in  the  opinion 
that  the  sentinels  at  the  beacons  be  ' '  discharged  from  their 
attendance,  the  reason  of  their  being  posted  there,  seeming 
to  be  ceased." 

October  5.  Transmitting  letters  from  Lieutenant-Gen- 
eral  Nicholson  and  Col.  Schuyler  relative  to  the  expedition 
to  Canada ;  informing  the  Assembly  that  it  would  be  neces- 
sary for  the  Governor  to  go  to  Albany  the  next  day,  and 
recommending  that  immediate  action  be  taken  in  relation 
to  the  fortifications  at  Albany  and  Schenectady,  "  and  re- 
taining the  number  of  men  proposed  for  the  defence  of 
the  frontiers."  The  Assembly  adopted  resolutions  the 
same  day  recommending  that  the  fortifications  at  Albany 
and  Schenectady  be  repaired,  and  that  one  hundred  and 


*  Provision  was  made  by  an  act,  chap.  238,  passed  November  24th,  for 
repairing  the  fortifications  at  Albany  and  Schenectady,  and  for  the  main- 
tenance of  one  hundred  and  fifty  men  for  service  on  the  frontier  during  the 
coming  winter. 

2  The  militia  law  was  revived  by  an  act,  chap  235.  passed  November  24th. 


156  MESSAGES  FROM  THE  GOVERNOR. 

fifty  men  be  retained  for  service  on  the  frontier.  (See 
note  1.) 

October  6.  Desiring  the  Assembly  to  adopt  measures 
for  the  protection  of  the  powder  magazine  at  Fort  Anne. 

October  23.  The  Governor  informed  the  Assembly  that 
on  his  arrival  at  Albany  he  had  disbanded  the  forces  raised 
to  serve  in  the  expedition  against  Canada,  "  retaining  in 
pay  one  hundred  and  fifty  men,  or  near  that  number,  for 
the  defence  of  the  frontiers ; ' '  some  of  whom  had  since  de- 
serted, and  that  he  would  complete  the  number  out  of  the 
Palatines;  that  he  had  given  directions  for  repairing  the 
fortifications  at  Albany  and  Schenectady.  He  also  in- 
formed the  Assembly  that  pursuant  to  her  Majesty's  com- 
mands, he  had  contracted  for  the  building  two  forts  with  a 
chapel  in  each  in  the  Indian  country,  with  accommodations 
for  missionaries,  the  expense  of  which  would  be  paid  by  the 
Queen.  The  Governor  also  transmitted  an  account  pre- 
sented by  the  Governor  of  Connecticut  for  the  expense  in- 
curred by  him  in  procuring  twenty-eight  Indians  above  the 
quota. 

October  26.  Transmitting  a  letter  from  Albany  relative 
to  conditions  on  the  frontier. 

November  2.  Submitting  to  the  Assembly  a  petition  of 
David  Provoost  "  concerning  the  dispute  between  him  and 
the  De  Peysters." 

November  3.  Advising  the  Assembly  that  he  had  sent 
one  hundred  Palatines  to  Albany  to  complete  the  detach- 
ment there,  that  "  near  three  hundred  Palatines  were  em- 
ployed in  the  late  expedition,  one  hundred  were  in  the 
country's  service,  and  the  rest  incorporated  in  the  regular 
forces,"  and  requesting  the  opinion  of  the  Assembly  as  to 
the  disposal  of  two  hundred  and  eighty-two  pounds  of 
bounty  money  on  hand.  The  Assembly  adopted  a  resolu- 
tion "  that  the  bounty  money  allowed  to  the  volunteers  on 
the  late  disappointed  expedition,"  should  be  paid  to  those 
only  who  served  in  the  troops  paid  by  this  colony. 


ROBERT  HUNTER,  1711.  157 

November  8.  Recommending  that  special  provision  be 
made  for  the  compensation  of  British  Lieutenants  in  the 
late  expedition.3 

November  9.  Presenting  an  address  to  the  Queen,  which 
was  approved  and  signed. 

November  10.  Transmitting  various  documents  relating 
to  the  late  expedition,  and  also  the  Queen's  instruction  re- 
lating to  the  quotas  of  the  neighboring  Provinces,  and 
money  for  building  the  forts  at  Albany  and  Schenectady, 
and  for  the  repartition  of  men  for  the  defence  of  the 
frontiers  of  this  Province  in  case  they  be  invaded  by  the 
enemy.  He  also  presented  a  communication  from  the  Com- 
missioners at  Albany  and  a  paper  from  the  Senecas  recom- 
mending the  revival  of  the  law  prohibiting  the  sale  or 
giving  of  strong  liquors  to  the  Indians.4 

November  16.  From  the  Council,  asserting  its  right  to 
amend  money  bills.  The  subject  will  be  considered  again 
in  notes  on  the  Fourteenth  Assembly,  Third  Session  (May, 
1712).  (See  post,  p.  162.) 

November  17.  Responding  to  the  communication  from 
the  Assembly,  suggesting  the  propriety  of  an  adjournment 
"  in  regard  the  cold  season  of  the  year  is  advanced,  and 
several  of  the  members  necessitated  to  depart  to  their 
habitations,"  the  Governor  said  that  as  soon  as  certain 
bills  could  be  disposed  of,  the  Assembly  would  be  prorogued 
to  the  next  spring. 

November  22.  Transmitting  various  communications 
concerning  affairs  on  the  frontier  and  particularly  relating 
to  conditions  which  might  result  from  engaging  the  Five 
Nations  of  Indians  in  actual  war  with  the  French,  and  re- 
questing the  opinion  of  the  Assembly  as  to  the  proper  course 
to  be  pursued  by  the  Governor. 


3An  act  for  the  compensation  of  British  officers,  chap.  246,  was  passed 
June  26.  1712. 

*  This  law  waa  revived  by  an  act,  chap.  239,  passed  November  24th,  which 
prohibited  the  selling  or  giving  of  liquor  to  Indians  in  Albany  county. 


158  MESSAGES  FROM  THE  GOVERNOR. 

Eeplying  to  this  request  the  Assembly  said  it  was  not  an 
independent  part  of  the  government,  and  found  much 
' '  difficulty  in  coming  to  any  absolute  determination,  as  well 
from  arguments  of  right,  as  conveniency  and  utility.  They 
have  never  yet  undertaken  any  offensive  war,  but  in  com- 
pliance with  the  orders  of  superiors,  who  had  indisputable 
right  so  to  do,  for  what  relates  to  self  preservation  and  de- 
fence, they  think  themselves  justified  both  by  the  law  of 
nature  and  the  nation."  The  Assembly  further  said  that 
if  the  Governor  should  enter  a  congress  with  the  Governors 
of  other  Provinces,  he  could  not  be  deemed  to  represent  the 
Province  because  not  chosen  by  it,  but  his  presence  in  the 
Congress  ' '  might  give  a  color,  but  no  right,  to  oblige  or 
charge  this  Colony  by  any  agreement  whatsoever  made 
there.  If  it  should  be  agreed,  that  they  have  a  right  to 
make  an  offensive  war,  this  colony  ought  never  to  come 
into  any  confederacy,  without  being  allowed  a  negative  in 
all  conclusions  to  be  made,  they  being  the  best  judges  of 
their  own  abilities  and  strength,  the  want  of  which  in  other 
undertakings,  this  colony  has  felt  to  their  loss  and  smart." 
Denying  again  the  Council's  right  to  amend  money  bills, 
the  Assembly  concluded  by  suggesting  that  the  season  was 
so  far  advanced  that  nothing  could  be  done  that  year,  and 
that  the  whole  matter  should  be  postponed  until  the  follow- 
ing spring. 

November  24.     The  Assembly  was  adjourned  to  the  first 
Thursday  in  April,  1712. 


1712.     MAY.     FOURTEENTH  ASSEMBLY,  THIRD  SESSION. 


ROBERT  HUNTER,  Governor. 

f 
The  Assembly  had  been  adjourned  to  the  first  Thursday 

of  April,  1712,  but  was  continued  by  other  adjournments  to 
the  30th,  when  the  business  of  the  session  was  begun.  The 
next  day,  May  1,  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  I  can  never  persuade  myself  that  you  have 
any  real  pleasure  in  hearing  the  daily  cries  and  complaints 
of  the  officers  of  the  government  and  others  who  have  just 
demands  upon  it,  whilst  the  remedy  is  so  much  in  your 
power,  and  yet  it  seems  strange  that  during  the  space  of 
two  years  that  I  have  had  the  honor  to  be  at  the  head  of  it, 
in  a  very  active  time  and  consequently  of  great  expenses, 
there  has  not  been  one  farthing  given  towards  its  support ; 
for  what  bills  have  been  offered  for  that  purpose  have  either 
been  so  deficient  or  clogged  with  such  clauses  and  circum- 
stances as  made  it  impossible  for  the  council  to  pass  them 
without  an  apparent  breach  of  her  Majesty's  instructions, 
which  are  the  constant  and  fixed  rules  of  their  and  my  pro- 
ceedings, whatsoever  weight  they  may  bear  with  you.  And 
when  they  have  as  it  was  their  duty  amended  them,  you 
have  as  often  resolved  not  to  admit  of  such  amendments 
upon  a  very  ill-grounded  pretence  that  the  Council  had  no 
right  to  amend  money  bills.1  I  have  sufficient  warrant  to 
affirm  that  pretence  to  be  ill-grounded  from  this  paragraph 
in  the  Lords  Commissioners  of  Trades  letter  to  me  of  the 
13th  of  November  last  in  these  words  "  as  to  the  Assem- 
bly's pretence  that  the  Council  cannot  amend  a  money  bill, 
it  is  groundless  and  will  not  be  allowed  of  here ;  the  Coun- 


1  See  post  p.  162  for  note  on  money  bills. 

[159] 


160  MESSAGES  FROM  THE  GOVERNOR. 

cil  having  an  equal  right  with  them  in  granting  of  money, 
there  being  nothing  in  her  Majesty's  commission  to  you 
under  the  Great  Seal  of  the  Kingdom  to  the  contrary,  by 
virtue  of  which  commission  they  only  sit  as  an  Assembly, 
and  therefore  you  will  do  well  to  acquaint  them  herewith 
that  they  no  longer  insist  upon  what  is  so  ill-grounded." 

In  the  next  place  I  am  to  put  you  in  mind  of  the  danger 
on  your  frontiers,  which  you  will  sufficiently  understand  by 
this  representation  from  the  people  there.2  Two  forts  now 
a  building  in  the  Indian  countries  must  be  garrisoned  forth- 
with by  her  Majesty's  troops  in  this  Province,  and  these 
letters  from  the  Governor  of  Bermudas,  as  well  as  other 
good  advices  which  I  have  received,  will  convince  you  of 
the  necessity  I  lie  under  of  calling  for  one  more  of  the  in- 
dependent companies  from  Albany  for  the  security  of  this 
place,  not  being  very  sure  upon  what  parts  this  storm  is  to 
break,  it  being  also  more  than  probable  that  the  effort  will 
be  made  where  they  judge  we  are  least  prepared  to  receive 
them.  This  I  think  sufficient  to  convince  you  of  the  neces- 
sity of  raising  a  force  proportioned  to  the  present  exigency. 

If  I  may  prevail  with  you  at  this  time  to  lay  aside  all 
animosities  and  needless  disputes,  and  heartily  to  take  into 
your  consideration  what  so  nearly  concerns  your  peace  and 
welfare  and  that  of  your  posterity,  I  have  my  wish ;  if  not, 
I  must  rest  satisfied  with  the  comfort  of  having  done  my 
duty  in  admonishing  you,  and  the  testimony  of  a  good  con- 
science, for  what  have  I  neglected  within  the  compass  of 
my  power  by  night  or  day  for  your  service,  and  whose  ox 
or  whose  ass  have  I  taken? 

SPECIAL  MESSAGES. 

May  7.  Transmitting  a  letter  from  the  Earl  of  Dart- 
mouth, Secretary  of  State,  informing  the  Governor  that  the 


2  An  act,  chap.  247.  passed  June  26,  appropriated  fifteen  hundred  ounces 
of  plate  for  securing  the  frontiers  about  Albany. 


ROBERT  HUNTER,  171  '2.  161 

stores  in  his  hands  remaining  from  the  expedition  to  Can- 
ada should  be  kept  in  the  colony  for  the  public  service. 
The  Governor  recommended  the  immediate  repair  of  maga- 
zines and  the  fort  wall,  ' '  that  some  good  law  be  passed, 
for  putting  slaves  under  a  better  regulation,  and  to  encour- 
age the  importation  of  white  servants." 

May  10.  Transmitting  a  report  from  the  Commis- 
sioners of  Indian  Affairs  at  Albany. 

May  10.     Proroguing  the  Assembly  to  the  13th  inst. 

May  16.  Eecommending  the  enactment  of  an  explana- 
tory militia  law. 

May  31.  Thanking  the  Assembly  for  an  address,  and 
expressing  his  intention  to  use  all  his  powers  for  the 
1 '  safety  and  ease  ' '  of  the  people. 

June  12.  Transmitting  a  communication  from  justices 
of  the  peace  of  Albany,  requesting  the  revival  of  the  law 
prohibiting  the  selling  or  giving  intoxicating  liquors  to  the 
Indians.3 

June  13.  Transmitting  letters  from  the  Commisioners 
of  Indian  Affairs  at  Albany,  from  which  it  appeared  that 
the  French  were  using  all  possible  endeavors  to  bring  the 
Five  Nations  to  their  interest,  and  recommending  that 
messengers  be  sent  to  the  Indians  to  ' '  undeceive  them  of 
the  ill  impressions  they  have  received  from  the  French,  and 
engage  them  to  a  firm  adherence  to  their  covenants  and 
promises  to  this  government,"  and  also  that  provision  be 
immediately  made  for  a  suitable  present  to  the  Indians. 

June  16.  Communicating  information  relating  to  a  pro- 
posed Indian  raid  against  the  settlements  along  Hudson 
River. 

June  19.  Advising  the  Assembly  that  upon  disposing  of 
pending  business,  the  Assembly  would  be  adjourned  until 
after  harvest. 


3  This  request  was  granted  by  an  act,  chap.  244,  passed  June  26th,  which 
revived  not  only  the  act  prohibiting  the  selling  or  giving  intoxicating  liquors 
to  Indians,  but  also  the  act  '"  for  the  better  watching  and  guarding  of  the 
city  of  Albany." 

'll 


162  MESSAGES  FROM  THE  GOVERNOR. 

June  24.  Transmitting  letters  from  Albany  relative  to 
the  movements  of  the  Indians. 

June  26.     The  Assembly  was  prorogued  to  July  17. 

MONEY  BILLS. 

The  controversy  over  the  question  whether  the  Council  had  power  to  amend 
money  bills  had  its  origin  in  a  resolution  adopted  by  the  Assembly,  June 
10,  1704,  "  that  it  is  inconvenient  for  this  House,  to  admit  of  any  amend- 
ment made  by  the  Council  to  a  money  bill."  This  proposition  was  asserted 
again  by  the  Assembly  on  the  4th  of  November,  1704. 

November  6,  1704,  Governor  Cornbury,  in  a  letter  to  the  home  govern- 
ment (Col.  Doc.  vol.  4,  p.  1121),  quoted  the  resolution  adopted  by  the  Assembly 
relative  to  money  bills,  and  said  the  Assembly  seemed  to  think  themselves 
equal  to  the  House  of  Commons.  "  and  that  they  are  entitled  to  all  the  same 
powers  and  privileges,  that  a  House  of  Commons  in  England  enjoys,"  even 
to  the  exclusive  control  of  money  bills.  The  Lords  of  Trade,  in  their  reply, 
dated  March  26,  1705  (Col.  Doc.  vol.  4,  p.  1139),  say  they  "conceive  no 
reason  why  the  Council  should  not  have  the  right  to  amend  all  bills  sent  to 
them  by  the  Assembly,  even  those  relating  to  money." 

Governor  Cornbury  referred  to  the  subject  again  in  a  letter  to  the  Lords 
of  Trade  dated  July  15,  1705  (Col.  Doc.  vol.  4,  p.  1150),  and  on  the  26th 
of  the  same  month  communicated  to  the  Assembly  the  opinion  expressed  by 
the  Lords  of  Trade  in  their  letter  of  the  preceding  March.  The  subject  was 
again  considered  by  the  Lords  of  Trade  in  a  letter  to  Governor  Cornbury. 
dated  February  4,  1706  (Col.  Doc.  vol.  4,  p.  1171),  in  which  they  say  "the 
Council  has  undoubtedly  as  much  to  do  in  the  forming  of  bills  for  granting 
and  raising  of  money  as  the  Assembly.  In  other  her  Majesty's  plantations, 
the  Assemblies  do  not  pretend  to  the  sole  right  of  framing  money  bills.'' 
"  No  Assembly  in  the  Plantations  ought  to  pretend  to  all  the  privileges  of 
the  House  of  Commons  in  England,  which  will  be  no  more  allowed  them, 
than  it  would  be  to  the  Council  if  they  should  pretend  to  all  the  privileges 
of  the  House  of  Lords  here."  The  substance  of  this  opinion  was  stated  by 
Governor  Cornbury  in  his  speech  at  the  opening  of  the  Assembly,  September 
27,  1706. 

The  controversy  was  renewed  in  November,  1711,  at  which  time  the  As- 
sembly again  asserted  its  exclusive  right  to  control  money  bills.  The  Council 
denied  this  right  and  claimed  equal  power  over  money  bills  as  well  as  on 
all  other  subjects  of  legislation.  The  Lords  of  Trade,  in  a  letter  to  Governor 
Hunter,  dated  November  13,  1711  (Col.  Doc.  vol.  5,  p.  285).  again  expressed 
themselves  on  the  question,  saying  that  "  as  to  the  Assembly's  pretence,  that 
the  Council  cannot  amend  a  money  bill,  it  is  groundless  and  will  not  be 
allowed  of  here,  the  Council  having  an  equal  right  with  them  in  granting 
of  money,  there  being  nothing  in  her  Majesty's  commission  to  you.  under 
the  great  seal  of  this  Kingdom  to  the  contrary,  by  virtue  of  which  com- 
mission they  only  sit  as  an  Assembly,  and  therefore  you  will  do  well  to 
acquaint  them  herewith,  that  they  may  no  longer  insist  upon  what  is  so  ill 


EOBEET   HUNTEK,    1712.  163 

grounded."  Governor  Hunter  quoted  this  opinion  in  his  speech  at  the  opening 
of  the  Assembly,  May  1,  1712.  This  opinion  was  repeated  by  the  Lords  of 
Trade  in  a  letter  to  the  Governor,  dated  June  12,  1712  (Col.  Doc.  vol.  5,  p. 
333),  which  letter  was  communicated  to  the  Assembly  by  the  Governor  on 
the  22d  of  October  following. 

The  Assembly's  attitude  on  this  question  was  again  asserted  on  the  30th 
of  October  and  the  14th  of  November,  1712,  when,  in  response  to  a  request 
by  the  Council  for  a  conference  on  a  money  bill,  it  was  resolved  that  "  this 
house  cannot  agree  to  a  conference  with  the  Council,  on  the  subject  matter 
of  amendments  to  a  money  bill." 


1712.    AUGUST.     FOURTEENTH  ASSEMBLY,  FOURTH  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  had  been  prorogued  to  July  17,  but  was 
continued  by  other  prorogations  to  the  25th  of  August.  On 
the  17th  of  September  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  I  flatter  myself  that  this  session  may  put 
an  end  to  all  disputes  or  misunderstandings  that  have  fallen 
out  between  the  several  parts  of  the  legislature  of  this 
Colony,  the  more  because  the  contending  parties  about  the 
revenue  for  support  of  government  seem  agreed  as  to  the 
necessity  of  settling  such  a  revenue,  and  to  differ  only  about 
the  measures  and  means.  The  reason  given  for  the  extra- 
ordinary caution  in  the  proceedings  relating  to  that  matter, 
and  which  I  assure  you  have  had  due  weight  with  me,  are 
former  misapplications  of  public  funds,  by  which  means 
private  persons  are  deprived  of  their  due,  and  the  Prov- 
ince loaded  with  unnecessary  debts.  I  wish  from  my  heart 
it  were  as  easy  a  matter  to  find  a  remedy  for  past  mis- 
carriages as  I  am  confident  it  is  to  assign  one  for  effectu- 
ally preventing. the  like  for  the  future;  which  last  I  now 
offer  you,  and  make  no  doubt  of  your  acceptance  of  it,  it 
being  sufficient  for  the  end  proposed,'  and  indeed  the  only 


164  MESSAGES  FKOM  THE  GOVERNOK. 

one  in  my  power,  Her  Majesty's  royal  instructions  to  me 
containing  the  following  command,  "  You  are  not  to  suffer 
any  public  money  whatsoever  to  be  issued  or  disposed  of 
otherwise  than  by  warrant  under  your  hand,  by  and  with 
the  advice  and  consent  of  our  said  Council,  but  the  Assem- 
bly may  nevertheless  be  permitted  from  time  to  time  to 
view  and  examine  the  accounts  of  money  or  value  of  money 
disposed  of  by  virtue  of  laws  made  by  them,  which  you  are 
to  signify  to  them  as  there  shall  be  occasion ; ' '  which  is  but 
the  repetition  of  a  clause  in  my  patent. 

The  expedient  I  propose  is  contained  in  the  following 
heads : 

It  may  be  enacted  in  the  bill  or  bills  for  settling  a  revenue 
that  the  receiver  general,  who  has  a  patent  under  the  broad 
seal  who  has  given  security  in  England,  and  shall  if  de- 
manded give  the  same  within  the  colony  for  the  due  execu- 
tion of  his  office,  be  obliged  at  the  expiration  of  every  three 
months  or  upon  every  quarter  day,  to  lay  before  the  Gov- 
ernor and  Council  an  account  of  the  money  by  him  received 
for  that  use  during  that  time. 

That  every  quarter  day  all  persons  who  have  been  dur- 
ing the  preceding  three  months  employed  in  the  service  of 
the  government,  deliver  in  their  accounts  of  service,  money 
or  goods  so  employed,  which  being  examined  and  allowed 
by  the  Governor  and  Council,  an  account  may  be  stated 
from  thence  of  the  demands  on  that  quarter's  revenue. 

That  if  the  revenue  for  that  quarter  amounts  to  a  sum 
sufficient  for  that  demand,  then  the  Governor  with  the  con- 
sent of  the  Council  may  issue  his  warrants  for  such  sums 
on  the  receiver  general. 

If  the  revenue  in  that  quarter  falls  short  of  that  demand, 
the  Governor  is  then  to  grant  warrants  for  so  much  only 
as  it  does  amount  to. 

And  whensoever  the  revenue  shall  exceed  the  expense  in 
that  quarter,  what  has  been  left  unpaid  in  any  preceding 


EOBEET  HUNTER,  1712.  165 

quarter  to  be  paid  out  of  that  overplus  by  warrants  then 
granted  as  formerly. 

That  all  warrants  be  numbered,  and  the  receiver  general 
obliged  to  pay  them  in  course  as  numbered. 

And  for  the  more  effectual  preventing  the  issue  of  any 
warrants  for  more  money  than  there  may  be  in  the  re- 
ceiver's hands  at  the  expiration  of  every  quarter,  it  may 
be  enacted  that  it  be  expressed  in  each  warrant  that  such 
sum  be  payable  out  of  such  other  sum,  being  the  amount 
of  the  revenue  for  such  a  quarter. 

No  warrants  to  be  issued  until  such  time  as  the  receiver 
general  shall  have  laid  before  the  Governor  and  Council 
an  account  of  the  revenue  by  him  received  that  quarter, 
that  he  be  obliged  to  pay  all  such  warrants  as  shall  be  drawn 
for  that  sum  in  their  course  within  a  certain  number  of 
days  if  demanded,  and  upon  his  refusal  or  noncompliance, 
the  person  or  persons  having  such  warrants  to  have  an 
action  of  debt  against  him  for  the  same. 

That  the  receiver  general  be  obliged  to  lay  before  the 
Assembly  when  setting  and  requiring  the  same,  an  account 
of  the  revenue  received  and  of  the  warrants  paid  by  him, 
that  all  persons  demandhig  the  same  may  at  the  office  hours 
have  recourse  to  his  books  of  accounts  of  the  revenue. 

By  these  means  the  only  material  objection  being  re- 
moved, I  can  hardly  be  induced  to  believe  that  you  will  any 
longer  defer  the  doing  of  what  is  so  absolutely  necessary 
and  what  her  Majesty  most  assuredly  expects  from  you,  or 
that  you  can  expect  from  me  what  I  cannot  do  without 
incurring  her  highest  displeasure,  the  heavy  penalty  an- 
nexed to  the  breach  of  her  instructions,  not  being  able  upon 
the  nicest  scrutiny  to  accuse  myself  of  any  one  action  or 
thought  which  has  not  been  intended  for  her  Majesty's 
service  and  the  general  good  and  quiet  of  this  colony,  which 
I  propose  steadfastly  to  pursue,  and  shall  be  always  ready 
your  advice  in  the  pursuit  thereof. 


166  MESSAGES  FROM  THE  GOVERNOR. 

I  am  further  to  acquaint  you  that  your  frontiers  never 
more  required  your  care  than  at  this  present,  as  you  will 
sufficiently  understand  by  these  letters  and  papers  which 
I  must  recommend  to  your  perusal.1 

SPECIAL  MESSAGES. 

September  27.  Transmitting  a  petition  by  the  recorder 
and  aldermen  of  New  York,  recommending  that  provision 
be  made  for  the  maintenance  of  sixty  French  prisoners  put 
on  shore  by  Captain  Elford. 

September  30.  Recommending  legislation  to  enforce 
payment  to  the  owners  of  certain  slaves  who  had  been  exe- 
cuted for  conspiracy  and  murder  perpetrated  in  New  York 
in  the  preceding  April.  Such  payment  had  been  authorized 
by  an  act  passed  October  30,  1708,  to  prevent  the  con- 
spiracy of  slaves.2 

October  22.  Communicating  a  letter  by  the  Lords  of 
Trade  dated  the  12th  of  the  preceding  June,  again  denying 
that  the  Assembly  had  exclusive  power  over  money  bills, 
and  intimating  that  if  the  Assembly  should  continue  its 
refusal  to  share  its  power  with  the  Council,  measures  would 
be  taken  by  the  home  government  to  assert  the  Queen's 
undoubted  prerogative  in  the  Province,  and  to  provide  for 
the  necessary  support  of  the  government.  In  the  same 
letter  the  Lords  of  Trade  suggest  that  the  action  of  the 
Assembly  at  the  previous  November  session  in  adjourning 
for  several  months  without  the  Governor's  order,  and 
' '  their  naming  treasurers  to  collect  the  public  money, 
when  her  Majesty  has  appointed  an  officer  for  that  purpose, 
are  other  instances  of  their  disrespect  and  undutifulness 
to  her  Majesty." 


1  December  10th  an  act,  chap.  255,  was  passed  to  provide  for  the  defence 
of  Albany  and  Schenectady. 

2  A  new  act,  chap  250,  was  passed  December  10th,  relative  to  conspiracies 
by  slaves.    It  prohibited  the  meeting  of  more  than  three  slaves,  except  during 
the  course  of  their  service. 


ROBERT  HUNTER,  1713.  167 

October  23.  Transmitting  a  petition  from  Peter  Schuy- 
ler  praying  for  compensation  to  himself  and  others  asso- 
ciated with  him  for  services  and  expenses  in  recent  nego- 
tiations with  the  Indians  at  Onondaga.3 

October  31.  In  response  to  the  Assembly's  request,  pre- 
sented on  the  28th,  the  Governor  transmitted  a  copy  of  the 
letter  from  the  Lords  of  Trade  dated  November  13,  1711, 
relative  to  colonial  affairs,  and  which  has  already  been 
considered  in  the  note  on  money  bills.  (Ante,  p.  162.) 

November  4.  Transmitting  a  copy  of  a  previous  com- 
munication from  the  Council  to  the  Lords  of  Trade  relative 
to  the  Assembly. 

December  10.  Proroguing  the  Assembly  to  March  25, 
1713. 


1713.     MAY.     FIFTEENTH  ASSEMBLY,  FIRST  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Fourteenth  Assembly  had  been  prorogued  to  the 
25th  of  March,  1713,  but  on  the  3d  of  March,  it  was  dis- 
solved. The  new  Assembly  met  May  12,  but  no  business 
was  done  until  the  27th,  when  the  Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN.—  You  are  a  new  Assembly,  and  so  not  ac- 
countable for  the  wrong  steps  in  the  former,  or  concerned 
in  the  vindication  of  them ;  so  what  I  am  about  to  say  must 
not  be  otherways  construed  than  as  a  caution  to  you  that 
you  walk  not  in  their  ways,  so  displeasing  to  her  Majesty 
and  so  justly  resented  by  her. 


3  An  act,  chap.  249,  passed  December  10th,  appropriated  two  hundred  and 
fifty  ounces  of  plate  for  the  expenses  of  the  mission  to  the  Indians,  including 
compensation  to  Col.  Schuyler. 


168  MESSAGES  FROM  THE  GOVERNOR. 

You  are  called  together  in  order  to  settle  a  revenue  for 
the  support  of  her  Majesty's  government,1  not  to  settle  the 
government,  for  that  is  already  done  by  the  only  authority 
upon  earth  that  has  a  right  to  do  it;  so  to  save  your  time 
and  to  spare  your  trouble,  I  shall  now  inform  you  of  some 
things  that  it  will  be  needless  for  you  to  endeavor  or  at- 
tempt, for  this,  among  other  good  reasons,  that  they  are 
not  within  my  power  to  grant,  of  which  I  shall  be  ready  at 
any  time  to  convince  the  most  scrupulous  amongst  you 
when  he  shall  desire  it. 

First,  it  will  be  vain  for  you  to  endeavor  to  lodge  the 
money  destined  for  the  support  of  government  in  the  hands 
of  any  other  than  the  officers  appointed  by  her  Majesty  for 
that  very  purpose  by  her  commission  under  the  great  seal 
of  England,  for  by  the  same  rule  and  a  parity  of  reason, 
you  may  assume  to  yourselves  a  power  of  nominating  a 
person  or  persons  for  executing  the  office  of  Governor, 
nevertheless,  if  you  are  so  resolved  you  may  put  the 
country  to  the  expense  of  a  treasurer  for  the  custody  of 
money  raised  for  extraordinary  uses. 

In  the  next  place,  it  will  be  fruitless  to  attempt  to  divert 
the  course  of  public  payments,  or  to  put  them  into  any  other 
channel  than  that  prescribed  by  her  Majesty's  letters  patent 
and  instructions,  which  is  a  warrant  under  the  hand  of  the 
Governor,  by  and  with  the  advice  and  consent  of  her 
Majesty's  Council.  That  attempt  will  appear  to  all  think- 
ing men  the  more  unreasonable  after  the  ample  security 
which  I  offered  to  the  last  Assembly  against  the  misappli- 
cations, which  offer  I  now  renew  to  you  as  it  stands  in  the 
journals  of  your  house,  and  to  them  I  refer  you. 

Lastly,  her  Majesty  being  the  sole  and  undoubted  judge 
of  the  services  and  rewards  of  her  servants  in  this  govern- 
ment, it  will  be  as  vain  as  it  will  be  disrespectful,  for  you 
by  making  yourselves  the  judges  to  endeavor  to  take  that 
right  from  her. 


A  general  revenue  act.  chap.  259,  was  passed  on  the  first  of  July. 


ROBERT  HUNTER,  1713.  169 

Having  told  vou  what  I  cannot  do,  I  shall  now  acquaint 
you  with  what  I  will  readily  and  willingly  do.  I  shall  give 
my  assent  to  all  such  laws  as  shall  be  presented  to  me  for 
the  care,  quiet  or  advantage  of  this  colony  in  general,  or 
any  of  her  Majesty's  good  subjects  in  it  in  particular,  pro- 
viding they  do  not  clash  with  her  Majesty's  rights,  pre- 
rogative or  instructions,  and  that  they  accompany  the  bill 
for  support  of  her  Majesty's  government,  for  without  that 
it  will  be  but  time  misspent  to  prepare  any,  except  such  as 
are  of  immediate  and  absolute  necessity,  for  I  am  firmly 
resolved  to  reserve  these  favors  for  that  Assembly  that 
shall  first  make  that  dutiful  and  grateful  return  to  her 
Majesty  for  her  royal  care  and  her  so  often  repeated  acts  of 
grace  and  bounty  which  she  most  assuredly  expects  from  you. 

And  now,  Gentlemen,  in  order  to  prevent  a  world  of 
trouble  and  needless  debate,  I  shall  take  leave  to  proper  :> 
one  leading  question  to  you:  Are  you  resolved  to  submit 
to  such  rules  of  government  as  are  prescribed  in  her 
Majesty's  letters  patent  and  instructions? 

For  preventing  of  groundless  disputes  and  misunder- 
standings between  you  and  her  Majesty's  Council,  give  me 
leave  to  advise  a  remedy  which  is  practiced  with  success 
in  other  Provinces;  that  is,  that  you  would  be  pleased  to 
meet  with  them  as  frequently  as  conveniently  may  be,  to 
consult  and  mutually  advise  what  may  be  judged  necessary 
in  framing  of  all  bills,  which  will  prevent  the  necessity  of 
amendments,  and  consequently  all  disputes  relating  to  the 
right  of  making  them. 

Thus  having  acquainted  you  with  what  things  I  cannot 
do,  and  what  I  am  willing  to  do,  I  shall  not  doubt  but  that 
you  will  readily  do  what  is  incumbent  upon  you,  especially 
considering  the  danger  of  delays  of  which  you  may  be  well 
convinced  by  the  letters  of  the  Lords  Commissioners  of 
Trade  and  Plantations  to  me  by  their  order  communicated 
to  the  last  Assembly,  inserted  in  their  journals  and  to  which 
T  rofor  yon.  You  have  still  a  fair  opportunity  to  avert  the 


170  MESSAGES  FROM  THE  GOVERNOR. 

consequences  which  threaten  you ;  I  hope  you  will  lay  hold 
of  it.  As  for  my  own  part,  having  done  my  duty  and 
nothing  without  the  bounds  of  my  duty,  I  wash  my  hands 
of  them  and  leave  them  at  the  door  of  those  who  with  both 
their  hands  have  drawn  them  down.  When  you  have  under 
consideration  (as  it  is  impossible  you  should  not)  the  cry- 
ing debts  of  the  government,  I  must  earnestly  recommend 
to  you  that  of  the  Lady  Lovelace,2  which  by  her  Majesty's 
letter  to  me,  which  you  also  have  in  your  journals,  you  will 
find  she  has  very  much  at  heart. 

SPECIAL  MESSAGES. 

June  1.  Transmitting  an  "  estimate  of  the  ordinary 
annual  charge  of  the  government." 

June  10.  Eecommending  the  consideration  of  the  peti- 
tion presented  by  the  New  York  grand  jury  against 
vendues  and  peddlers;  also  transmitting  a  letter  from 
Lieutenant  Huddy  in  the  Mohawk's  country,  relative  to 
selling  or  giving  rum  to  the  Indians,  and  recommending  the 
enactment  of  a  law  on  that  subject. 

June  16.  Transmitting  a  letter  from  the  Commissioners 
of  Indian  Affairs  relative  to  a  proposed  alliance  between 
the  Tuscororas  and  the  Five  Nations,  and  recommending 
the  consideration  ' '  of  the  ill  consequences  that  may  attend 
this  government  in  case  the  Indians  should  fall  upon  us, 
and  no  fund  or  vote  of  credit  for  the  payment  of  any  force 
for  our  own  defence. ' ' 

June  19.  Transmitting  a  letter  from  Lawrence  Claesen 
to  the  Commissioners  of  Indian  Affairs ;  also  a  letter  from 
such  commissioners  to  the  Governor  "  importing  that  the 
Five  Nations  have  returned  the  belt  of  wampum  given  them 
not  to  enter  into  war  with  the  Flatheads  and  desiring  some 


2  An  act  for  the  relief  of  Lady  Lovelace  was  passed  December  23,   1717, 
chap.  347. 


EGBERT  HUNTER,  1713.  171 

of  the  principal  men  of  Albany  may  be  sent  to  Onondaga 
with  presents  to  hinder  their  entering  into  that  war." 

July  7.     The  Assembly  was  adjourned  to  the  first  of 
October. 


1713.     OCTOBER.     FIFTEENTH    ASSEMBLY,    SECOND    SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  met  on  the  first  of  October,  but  did  little 
business  until  the  15th,  when  the  Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN.—  Your  own  desire  of  a  short  recess  gave  so 
abrupt  a  period  to  your  last  session  that  several  bills  then 
prepared  by  you  could  not  be  so  finished  by  the  Council  as 
to  receive  my  assent,  but  the  bill  for  appropriating  the 
excise  towards  the  payment  of  the  public  debts  being  per- 
fected, I  take  this  opportunity,  at  your  first  meeting,  to 
pass  it  j1  that  you  may  have  one  to  do  justice  to  the  country 
who  have  long  suffered  under  the  want  of  what  was  justly 
due,  so  I  most  earnestly  recommend  to  you,  the  preparing  a 
bill  or  bills  for  that  purpose,  which  cannot  take  up  much  of 
your  time,  the  commissioners  nominated  by  yourselves  for 
that  purpose  having 'digested  and  put  into  an  easy  method 
all  such  debts  whereby  you  are  enabled  to  consider  and 
ascertain  them. 

SPECIAL  MESSAGES. 

October  23.  Vetoing  a  bill  for  laying  a  duty  on  the 
tonnage  of  vessels  and  on  slaves.  He  objected  to  the  terms 
of  the  bill,  and  said  it  would  be  of  no  service  to  the  govern- 
ment, for  it  would  certainly  be  rejected  by  the  Queen. 

l  An  excise  law,  chap.  263,  was  passed  October  15th. 


172  MESSAGES  FROM  THE  GOVERNOR. 

October  28.  Recommending  the  consideration  of  ac- 
counts presented  by  Hendrick  Hansen  for  expenses  incurred 
in  recent  negotiations  with  the  Indians  at  Onondaga.2 

October  30.  Declining  to  approve  a  bill  for  paying  the 
arrears  of  salaries  of  Assembly  officers,  for  the  reason  that 
there  was  no  money  in  the  Treasury  available  for  that 
purpose. 

November  4.  The  Assembly  was  adjourned  to  the  16th 
of  March,  1714,  and  by  proclamation  was  again  adjourned 
to  the  22d  of  March. 


2  An  appropriation  for  Hendrick  Hansen  was  made  by  an  act,  chap.  266, 
•passed  October  23d. 


1714.     MARCH.     FIFTEENTH  ASSEMBLY,  THIRD  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  met  on  the  22d  of  March,  and  on  the  24th 
the  Governor  delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN.—  You  are  now  met  in  order  to  dispatch  the 
affairs  left  unfinished  at  the  close  of  your  last  session,  the 
principal  of  which  is  the  payment  of  the  public  debts. 
There  being  a  law  already  passed  appropriating  a  sufficient 
fund  for  that  purpose,  and  these  debts  being  by  your  com- 
missaries of  accounts  ascertained  and  methodized,  I  cannot 
guess  at  the  least  colorable  pretence  for  deferring  it.  and 
none  but  such  who  have  a  mind  to  declare  themselves  re- 
gardless of  justice  and  the  interest  of  their  country,  can 
obstruct  or  oppose  it.1 


i  An   act,   chap.   280,  to  provide  for  the  payment  of  the  public  debt  was 
passed  September  4th. 


I 

ROBERT  HUNTER,  1714.  173 

What  besides  may  require  your  consideration  I  shall 
impart  to  you  from  time  to  time  if  need  be,  and  shall  leave 
nothing  undone  on  my  part  that  may  keep  up  a  perfect  good 
understanding  between  us,  upon  which  in  a  great  measure, 
the  quiet  and  prosperity  of  the  country  depend. 

RO.  HUNTER. 

SPECIAL  MESSAGES. 

June  23.  Recommending  the  immediate  consideration 
of  measures  for  the  support  of  the  government.2 

July  7.  The  Governor  sent  the  following  communication 
relative  to  the  Indians : 

"It  is  necessary  that  you  be  informed  that  the  Five 
Nations  of  Indians  grow  uneasy,  complain  that  they  are 
neglected,  and  have  of  late  had  some  general  meetings, 
which  f orbode  no  good  to  this  Colony ;  you  know  the  old  and 
only  way  to  keep  them  in  good  humor,  that  is,  by  providing 
a  certain  sum  to  be  laid  out  in  presents  to  be  made  to  them ; 
which  may  be  provided  by  a  number  of  your  House,  joined 
with  some  of  the  Council,  conversant  in  that  sort  of  mer- 
chandise. They  expect  and  beg  a  meeting  with  me,  in  order 
to  take  the  hatchet  out  of  their  hands,  as  their  phrase  runs. 
You  know  that  there  is  a  considerable  expense  attends  such 
an  expedition,  which  I  also  recommend  to  your  considera- 
tion, and  so  soon  as  you  enable  me,  I  shall  attend  that 
service,  and  manage  the  whole  to  the  utmost  of  my  power, 
for  the  peace  and  quiet  of  the  country.  This  requires  dis- 
patch, because  of  some  motions  lately  made  among  them, 
of  making  proposals  to  the  French."^ 

July  13,  16.  Transmitting  various  documents  relative  to 
Indian  affairs. 

September  4.  The  Assembly  was  adjourned  to  the  12th 
of  October. 


2  This  recommendation  was  embodied  in  an  act,  chap.  278,  passed  July  6th, 
for  the  support  of  the  government. 

3  An  act,  chap.  279,  passed  August  6th,  made  an  appropriation  for  presents 
to  the  Indians,  and  for  the  Governor's  expenses  in  going  to  Albany  to  treat 
with  them. 


174  MESSAGES  FEOM  THE  GOVEKNOR. 

1715.     MAY.     SIXTEENTH  ASSEMBLY,  FIRST  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Fifteenth  Assembly  adjourned  on  the  4th  of  Sep- 
tember, 1714,  to  the  12th  of  October,  but  before  that  day, 
news  was  received  of  the  death  of  Queen  Anne,  which 
occurred  on  the  first  of  August.  The  Assembly  was  deemed 
to  have  been  dissolved  by  her  death,  and  did  not  meet  again 
after  the  adjournment.  It  should  be  noted,  however,  that 
the  Assembly  continued  in  session  more  than  a  month  after 
the  Queen's  death,  and  passed  several  laws,  some  of  which 
were  approved  on  the  4th  of  September. 

King  George  I  was  proclaimed  in  New  York  on  the  llth 
of  October,  1714.  On  the  3d  of  November  writs  of  election 
were  ordered  to  be  issued  for  an  Assembly  to  meet  Decem- 
ber 14.  The  Assembly  was  continued  by  prorogations  to 
the  15th  of  March,  1715,  when  it  met,  but  was  adjourned 
from  time  to  time  to  the  3d  of  May,  at  which  time  the  Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  I  have  waited  with  some  impatience  for 
this  meeting  where  the  country  might  have  an  opportunity 
of  making  an  humble  tender  of  their  duty  to  his  Majesty, 
and  express  in  words  the  joy  of  their  hearts  for  his  happy 
and  peaceable  accession  to  the  Crown  by  you  their  repre- 
sentatives.1 

It  would  be  a  crime  to  entertain  the  least  suspicion  that 
a  people  who  share  in  this  general  but  unspeakable  bless- 
ing of  having  all  that  is  dear,  religious  or  civil,  firmly  se- 
cured to  them  at  a  time  when  both,  by  the  acts  of  ill  men, 
were  brought  into  the  utmost  danger,  should  upon  this  occa- 
sion be  wanting  in  the  least  respect  to  their  own  true  in- 


l  An  address  to  the  King  was  approved  and  signed  on  the  18th  of  May. 


ROBERT  HUNTER,  1715.  175 

terests  in  grateful  returns  to  Almighty  providence,  or  duty 
to  their  great  Deliverer. 

I  think  it  necessary  to  acquaint  you  that  His  Majesty  has 
been  graciously  pleased  to  order  my  commissions  for  the 
government  of  these  Provinces  to  be '  renewed,  notwith- 
standing the  malicious  and  unjust  accusations  of  some  men 
altogether  strangers  to  me  and  my  conduct.  The  softest 
terms  that  they  have  given  to  my  administration  is  arbi- 
trary, illegal,  grievous,  oppressive,  unjust  and  destructive. 
Were  there  any  color,  I  pronounce  myself  not  only  unfit  to 
govern,  but  unworthy  to  live,  and  though  God  and  my  con- 
science acquit  me  of  that  foul  charge,  yet  could  I  be  per- 
suaded that  any  part  of  it  could  gain  credit  in  the  minds 
of  men,  I  would  make  it  my  humble  request  to  his  Majesty 
to  remove  me,  thoroughly  convinced  that  the  best-guarded 
conduct  and  most  innocent  life  are  not  proof  against  the 
malice  of  selfish  and  designing  men,  and  something  I  have 
preserved  which  I  value  more  than  life,  and  so  would  not 
willingly  lose  it. 

1  am  further  to  acquaint  you  that  the  Earl  of  Clarendon 
has  thought  fit  to  enter  a  caveat  against  passing  the  act 
for  payment  of  the  public  debts  here.    What  his  reasons 
are,  or  what  effect  they  may  have,  I  know  not ;  I  shall  only 
say  that  in  my  opinion,  he  of  all  men  ought  to  have  been 
silent  in  this  case,  but  I  cannot  think  that  we  can  be  so 
without  breach  of  the  trust  reposed  in  us,  and  involving 
ourselves  in  the  guilt  of  the  sufferings  of  so  many  hundred 
of  persons  and  families  whose  very  being  depends  upon 
the  passing  of  that  act.    So  I  hope  you  will  in  conjunction 
with  the  Council  find  out  some  speedy  and  effectual  ex- 
pedient for  removing  that  obstacle,  or  any  other  that  may 
be  offered  of  the  like  nature;  and  I  cannot  but  think  it 
absolutely  necessary  that  some  person  or  persons   suffi- 
ciently qualified  and  amply  instructed  by  the  whole  legisla- 
ture be  immediately  sent  to  court  for  that  purpose.2 

2  An   act,   chap.   309,   was   passed   July   21st,   appointing   an   agent   of   the 
colony  at  the  court  of  Great  Britain,  and  providing  for  his  compensation. 


176  MESSAGES  FEOM  THE  GOVERNOK. 

You  are  not  ignorant  that  the  duties  imposed  for  the 
support  of  the  government  for  this  last  year  are  upon  the 
point  of  expiring,  but  perhaps  you  do  not  know  that  these 
duties  fall  much  short  of  the  sum  assigned  for  that  use  by 
the  late  General  Assembly.  The  Receiver-General's  ac- 
counts of  receipts  and  issues  will  make  that  plain  to  you, 
and  indeed  the  sum  itself  is  so  scanty  that  not  only  officers 
are  cramped  in  their  salaries,  but  many  necessary  public 
services  postponed  or  neglected  for  want  of  funds  to  answer 
the  charges.  I  firmly  persuade  myself  that  you  are  now 
met  with  good  and  firm  inclinations  and  resolution  to 
remedy  that  inconveniency  amongst  others  so  prejudicial  to 
your  own  safety,  as  well  as  the  dignity  of  his  Majesty's 
government.3 

As  for  my  own  part,  I  declare  that  they  abuse  you  who 
go  about  to  persuade  you. 

SPECIAL  MESSAGES. 

May  17.  Presenting  a  communication  relative  to  a  law 
providing  for  the  appointment  of  an  agent  of  the  colony 
at  the  court  of  Great  Britain,  and  making  an  appropria- 
tion for  his  compensation.  (See  note  2.) 

June  9.  Transmitting  a  communication  from  the  Com- 
missioners of  Indian  Affairs  "  with  the  information  of 
Lawrence  Claesen  the  Indian  interpreter  imparting  that  the 
French  had  lately  sent  considerable  presents  to  some  of  the 
Five  Nations,  and  settling  some  people  among  them  to 
learn  their  language,  which  it  is  conceived  are  measures 
taken  to  alienate  the  Five  Nations  from  us ;  "  also  a  letter 
from  Governor  Saltonstall  of  Connecticut  relative  to  the 
boundary  line  between  that  colony  and  New  York.* 


3  July  5th  an  act  was  passed,  chap.  292,  for  the  support  of  government  and 
directing  the  issue  of  bills  of  credit  for  general  purposes. 

4  An  act  relative  to  the  boundary  line  between  New  York  and  Connecticut 
was   passed   June   25,    1719,   chap.    384.     It  provided   for   commissioners   and 
surveyors  to  run  and  ascertain  the  line  between  the  two  colonies,   in  con- 
junction with  commissioners  and  surveyors  to  be  appointed  by  Connecticut. 


KOBEKT  HUNTER,  1716.  177 

June  23.  Transmitting  a  communication  from  the  Com- 
missioner of  Indian  Affairs  at  Albany,  with  a  report  by 
Lawrence  Claesen,  the  Indian  interpreter,  showing  the  re- 
sults of  his  recent  visit  to  Onondaga  to  discover  the  designs 
of  the  French  with  the  Indians. 

June  24.  Transmitting  a  communication  from  the  Gov- 
ernor of  South  Carolina  "  representing  their  deplorable 
circumstances  of  being  attacked  by  the  Indians,  and  desir- 
ing assistance.5 

July  21.  The  Assembly  was  adjourned  to  the  first  Tues- 
day of  November. 


1716.     JUNE.     SEVENTEENTH  ASSEMBLY,  FIRST  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Sixteenth  Assembly  had  been  adjourned  to  the  first 
Tuesday  in  November,  1715,  but  on  the  llth  of  August  it 
was  dissolved.  This  action  was  based  on  the  opinion  of 
the  Attorney-General  that  the  Assembly  had  been  dissolved 
by  the  new  commission  issued  to  Governor  Hunter,  bear- 
ing date  March  17,  1715.  The  Assembly  had  been  called 
under  a  commission  issued  to  the  Governor  by  Queen 
Anne,  but  it  was  held  that  his  authority  under  that  instru- 
ment had  been  determined  by  the  new  commission  from 
King  George.  The  records  do  not  show  when  new  writs 
of  election  were  issued,  but  apparently  a  new  Assembly 
was  soon  called. 

October  13,  the  Governor  issued  a  proclamation  ad- 
journing the  Assembly  to  the  17th  of  March,  1716,  but  it 


5  An  act,  chap.  312,  was  passed  on  the  21st  of  July,  1715,  exempting  from 
duty  for  six  months  all  "  goods,  slaves  and  merchandise "  imported  from 
South  Carolina.  The  preamble  recites  that  on  account  of  the  Indian  war 
many  inhabitants  of  South  Carolina  had  been  obliged  to  seek  refuge  in  New 
York,  and  such  refugees  were  relieved  from  the  payment  of  duties  on  property 
brought  with  them. 

12 


178  MESSAGES  FROM  THE  GOVERNOR. 

did  not  meet  until  the  5th  of  June.    On  that  day  the  Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  Were  there  no  reason  for  our  meeting  at 
this  time  than  that  we  may  together  rejoice  for  the  suc- 
cesses with  which  it  has  pleased  the  Almighty  to  bless  his 
Majesty's  councils  and  arms  over  the  crafty  devices  of 
his  natural  enemies  and  desperate  attempts  of  his  un- 
natural subjects,  I  think  that  is  sufficient;  for  is  there  a 
man  who  has  the  least  concern  for  human  nature  itself 
who  is  not  filled  with  joy  to  find  the  essential  difference 
betwixt  that  and  the  subordinate  species  of  animals  refixed 
and  maintained,  which  must  have  been  entirely  canceled 
by  that  sort  of  power  which  alone  could  have  given  success 
to,  and  have  supported  the  cause  of  a  popish  pretender. 
For  my  own  part  I  own  I  have  ever  thought  that  a  man 
and  his  beast  have  as  best  equal  shares  in  the  benefit  of 
such  a  government.  I  know  I  speak  to  a  set  of  men  who 
join  with  me  in  these  thoughts;  and  to  do  justice  to  those 
whom  you  represent,  I  firmly  believe  that  his  Majesty  in 
the  wide  extent  of  his  dominions,  has  not  a  Province  where 
fewer  look  a  squint  on  his  rightful  title  and  righteous 
cause,  for  I  think  not  one  has  ventured  to  speak. 

I  would  not  have  you  misconstrue  what  I  am  about  to 
say  as  if  I  was  sounding  an  alarm  in  the  middle  of  a  pro- 
found peace;  far  be  that  thought  from  me.  Your  future 
security  is  all  my  aim.  The  late  insidious  treaties  of  peace 
and  commerce  (the  best  authority  on  earth  has  called  them 
so)  had  left  it  too  much  in  the  power  of  those  whom  I  can 
hardly  forbear  to  call  still  our  enemies  to  annoy  us  on  this 
side  when  they  shall  find  themselves  inclined  to  interpret 
those  treaties  in  favor  of  a  groundless  rupture.  The  vast 
preparations  in  France  for  settlements  behind  you  along 
the  Mesapi  [Mississippi] ,  with  the  neighborhood  of  a  very 


EGBERT  HUNTER,  1716.  179 

considerable  garrison  and  seaport  at  Cape  Breton  as  they 
may,  let  you  into  some  of  their  views  in  making  that  peace 
(for  it  was  they  that  made  it)  so  they  justify  my  appre- 
hensions and  I  hope  will  be  sufficient  to  induce  you  to  put 
yourselves  into  a  better  state  of  defence  against  the  evil 
day  to  come.  The  strength  of  this  fort  is  very  little  pro- 
portioned to  its  use,  which  I  take  to  be  not  only  the  secur- 
ity of  this  Province,  but  in  a  great  measure  that  of  this  con- 
tinent. The  fort  at  Albany  is  next  to  none  at  all,  and  will 
signify  little  against  any  but  Indian  enemies,  and  upon 
that  you  well  know  depends  entirely  the  safety  of  your 
frontiers  and  remote  settlements.1  I  have  not  been  want- 
ing in  due  representations  elsewhere  in  this  matter,  and 
have  accounts  that  the  Lords  of  Trade  have  been  pleased 
to  second  them  with  their  advice  to  his  Majesty  for  an 
augmentation  of  the  troops  here,  of  which  I  hope  we  shall 
speedily  have  a  favorable  account.  I  hope  you  will  not  be 
wanting  on  your  part,  now  that  the  burthensome  expense 
of  the  fruitless  expeditions  is  in  a  great  measure  over,  and 
the  subject  here  is  less  loaded  with  public  taxes  than  any 
of  their  neighbors.  I  shall  be  ready  to  confer  with  and 
advise  you  about  what  is  necessary  to  be  done  in  that 
matter. 

A  former  Assembly  merited  and  received  the  blessings 
of  many  suffering  families  by  the  payment  of  the  public 
debts.  If  by  neglect  or  otherwise  any  just  claimants  have 
been  disappointed,  I  hope  you  will  share  these  blessings 
in  providing  for  the  satisfaction  of  all  such  just  claims. 

I  have  detained  you  too  long.  What  besides  may  occur 
to  me  which  ought  to  fall  under  your  deliberations,  I  shall 
communicate  to  you  hereafter.  I  need  not  tell  you  that  the 
season  of  year  requires  dispatch. 

KO:  HUNTER. 


1  ATI  act.  chap.  320,  was  passed  on  the  first  of  September  for  repairing  the 
fortifications  at  Albanv. 


180  MESSAGES  FROM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

June  6.  From  the  CounciJ,  proposing  a  conference  com- 
mittee on  an  address  congratulating  the  King  on  his  suc- 
cess in  suppressing  the  late  rebellion  in  Great  Britain. 
This  address  was  signed  the  next  day. 

June  15.  From  the  Governor,  presenting  a  memorial, 
relative  to  expenses  incurred  by  him  in  soliciting  the  royal 
assent  to  the  bill  for  the  payment  of  the  debts  of  the 
colony.2 

June  30.  Adjourning  the  Assembly  to  August  1. 


1716.     AUGUST.     SEVENTEENTH    ASSEMBLY,    SECOND    SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  met  on  the  7th  of  August,  but  no  speech 
was  delivered  by  the  Governor. 

SPECIAL  MESSAGES. 

August  21.  The  Assembly  presented  an  address  to  the 
Governor  requesting  his  aid  in  behalf  of  Samuel  Mulford, 
who  had  been  prosecuted  for  libel  in  publishing  a  speech 
made  by  him  in  the  Assembly.  The  Governor  replied  that 
Mr.  Mulford  had  not  been  prosecuted  for  making  the 
speech,  but  *  *  for  publishing  and  dispersing  a  false  and  ma- 
licious libel  against  the  government."  The  Governor 
promised  compliance  with  the  Assembly's  request  when- 
ever Mr.  Mulford  should  apply  to  him  in  a  dutiful  manner 
for  what  was  desired. 

September  1.  The  Assembly  was  adjourned  to  the  first 
Tuesday  of  April,  1717. 


2  An  appropriation  for  the  Governor's  expenses  in  procuring  the  royal  assent 
to  tho  act  for  the  payment  of  colonial  debts  was  made  by  an  act,  chap.  322, 
passed  September  1st. 


ROBERT  HUNTER,  1717.  181 


1717.     APRIL.     SEVENTEENTH   ASSEMBLY,  THIRD   SESSION. 

ROBERT  HUNTER,  Governor. 

The  Assembly  met  April  9.  No  formal  speech  was  de- 
livered by  the  Governor,  but  the  next  day  he  sent  a  letter 
to  the  Assembly  recommending  new  bills  of  credit  for  such 
as  were  or  would  be  soon  worn  out;  informing  the  Assem- 
bly that  "  he  had  advices  from  the  Commissioners  at 
Albany,  relating  to  the  necessity  of  a  new  settlement,  more 
advanced  on  the  frontier;"  and  that  the  Assembly  would 
probably  not  meet  again  that  year  "because  his  journey 
to  Albany,  the  harvest  and  winter  seasons,  and  the  Assem- 
bly in  the  Jerseys  in  the  fall ' '  would  render  such  a  meet- 
ing doubtful  if  not  impracticable ;  also  transmitting  a  letter 
from  Ambrose  Philips,  agent  of  the  colony,  expressing  his 
thanks  to  the  Assembly. 

SPECIAL  MESSAGES. 

April  30.  From  the  Council,  a  memorial  of  Eobert 
Jenney,  ' '  master  of  the  grammar  school  &c,  which  pro- 
posed that  a  sufficient  fund  may  be  raised,  for  building  a 
schoolhouse  and  dwelling  house  for  the  master,  and  to 
allow  him  a  salary  of  seventy  pounds  per  annum  for  teach- 
ing thirty-five  boys." 

May  28.  The  Assembly  adjourned  to  the  20th  of  Au- 
gust ;  on  that  day  the  Governor  by  proclamation  adjourned 
it  to  the  following  Tuesday,  the  27th.  The  Assembly  met 
on  the  27th,  and  on  several  subsequent  days  without  any 
apparent  termination  of  the  session,  which,  according  to 
the  Council  records,  became  a  new  session  on  the  5th  of 
September. 


182  MESSAGES  FROM  THE  GOVERNOR. 


1717.     SEPTEMBER.     SEVENTEENTH   ASSEMBLY,  FOURTH  SESSION. 


ROBERT  HUNTER,  Governor. 

According  to  the  Council  Journal,  September  5  marks 
the  beginning  of  the  fourth  session,  but  the  Assembly 
journal  shows  that  regular  business  was  transacted  on  the 
4th,  and  that  on  that  day  the  Assembly  adjourned  to  meet 
the  next  morning  (the  5th),  at  nine  o'clock.  The  Governor 
did  not  deliver  a  speech,  and  there  is  nothing  in  the  Assem- 
bly record  to  indicate  the  opening  of  a  new  or  an  adjourned 
session. 

SPECIAL  MESSAGES. 

September  9.  Advising  the  Assembly  that  he  had  re- 
ceived from  Mr.  Bamfield,  his  private  agent  in  London, 
' '  a  very  strange  memorial, ' '  which  had  been  presented  to 
the  House  of  Commons,  setting  forth  "  several  aggriev- 
ances  and  oppressions  of  his  Majesty's  subjects  in  the 
colony  of  New  York  in  America. ' '  The  records  do  not  con- 
tain a  copy  of  the  memorial. 

On  the  13th  of  September,  the  Assembly  agreed  to  a 
report  of  a  committee,  declaring  the  memorial  to  be  a 
"  false,  malicious  and  scandalous  paper,  reflecting  upon  the 
Governor  and  government,  and  the  whole  constitution  of 
the  colony,  and  of  pernicious  consequence;"  thanking  the 
Governor  for  communicating  the  memorial  to  the  Assem- 
bly, requesting  him  to  try  to  find  the  author  of  the 
memorial,  and  to  inform  the  Indians  that  ' '  we  utterly 
abhor  and  detest  that  suggestion  in  the  said  paper  or  libel, 
of  reducing  the  Indians  by  force  and  possessing  their 
lands;  for  the  steadiness  of  those  Indians,  to  the  interest 
of  Great  Britain,  all  the  last  war  with  France,  it  is  that  we 
owe  in  a  great  measure,  our  present  security." 

October  4.  The  Assembly  presented  to  the  Governor  a 
formal  address  relative  to  the  memorial,  to  which  the  Gov- 


ROBERT  HUNTER,  1718.  183 

ernor  replied  by  expressing  the  hope  that  the  memorial 
would  not  have  any  ill  effect  at  home,  and  said  he  would 
take  effectual  care  it  should  not  make  any  ill  impressions 
on  the  Indians. 

October  31.  Recommending  the  appointment  of  proper 
persons  to  run  the  division  line  between  New  York  and 
New  Jersey. 

November  9.  Transmitting  a  communication  from  the 
Commissioners  of  Indian  Affairs  at  Albany,  containing  a 
complaint  by  an  Indian  Chief  of  the  "  dearness  of  goods," 
because  they  were  immediately  transported  to  Canada,  and 
requesting  that  the  trade  from  Canada  be  stopped. 

December  23.  The  Assembly  was  adjourned  to  the  15th 
of  April,  1718. 


1718.     MAY.     SEVENTEENTH  ASSEMBLY,  FIFTH  SESSION. 


ROBERT  HUNTER,  Governor. 

After  several  adjournments  from  December  23,  1717.  the 
Assembly  met  on  the  27th  of  May,  1718,  and  chose  a 
Speaker,  Robert  Livingston,  in  place  of  William  Nicoll, 
who  was  unable  to  attend  on  account  of  illness.  The  Gov- 
ernor did  not  deliver  a  formal  speech,  but  suggested  that 
the  Assembly  proceed  with  pending  business,  and  said  he 
would  communicate  with  them  after  receiving  information 
which  was  expected  from  Europe. 

The  same  day  two  communications  were  received  from 
Ambrose  Philips  agent  of  the  colony  at  the  court  of  Great 
Britain. 

SPECIAL  MESSAGES. 

June  26.  Requesting  a  conference  committee  on  the 
Mulford  affair.  This  committee  made  a  report  which  was 
agreed  to  on  the  2d  of  July,  but  the  journal  does  not  con- 
tain the  text  of  it. 


184  MESSAGES  FROM  THE  GOVERNOR. 

July  3.  Transmitting  a  communication  from  the  Lords 
of  Trade  containing  instructions  to  the  Governor  requir- 
ing the  royal  approval  of  any  bill  affecting  trade  or  ship- 
ping before  it  could  take  effect.1 

July  3.  The  Assembly  was  adjourned  to  September  16, 
1718. 


1718.     SEPTEMBER.     SEVENTEENTH   ASSEMBLY,  SIXTH  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  had  been  adjourned  to  the  16th  of  Sep- 
tember, but  no  business  was  transacted  until  the  24th,  when 
the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  Having  received  from  the  Lords  Commis- 
sioners for  Trade  some  objections  against  the  acts  for 
settling  a  revenue  for  support  of  government,  I  judged  it 
also  lately  necessary  that  you  should  meet  as  soon  as 
possible  in  order  to  provide  proper  remedies  for  such  mat- 
ters contained  in  those  acts  as  have  in  the  meantime 
obstructed  their  Lordships'  recommendation  of  them  to 
his  Majesty  for  his  approbation,  and  may,  if  not  remedied, 
lay  them  under  the  necessity  of  laying  them  before  him  for 
his  disallowance,  which,  as  it  would  be  of  dangerous  con- 
sequence to  the  credit  and  interest  of  this  colony,  so  I  am 
persuaded  it  would  be  no  very  agreeable  task  to  their 
Lordships  who  have  its  interests  and  prosperity  so  much 
at  heart,  as  it  will  appear  from  their  own  words  which 
are  these: 


1  This  subject  was  referred  to  again  by  the  Governor  in  his  speech  at  the 
opening  of  the  next  session,  when  an  act,  chap.  365.  was  passed  October  16, 
1718,  explaining  several  provisions  in  previous  revenue  laws. 


EGBERT  HUNTER,  1718.  185 

' '  We  liave  considered  the  revenue  act  and  have  some 
objections  to  it,  particularly  it  affects  the  shipping  and 
navigation  of  this  Kingdom  as  you  will  see  by  the  enclosed 
paper  of  objections;  however,  we  would  not  lay  it  before 
his  Majesty  to  be  repealed,  because  you'' say  the  repealing 
it  would  ruin  the  trade  of  the  Province.  You  must,  there- 
fore, move  the  Assembly  to  pass  a  new  act  not  liable  to  the 
said  objections,  otherwise  we  shall  be  obliged  to  lay  this 
act  before  his  Majesty  for  his  disallowance,  for  no  acts  are 
to  be  passed  in  the  plantations  whereby  the  shipping  and 
navigation  of  this  Kingdom  are  affected,  as  you  will  see 
more  particularly  lay  his  Majesty's  additional  instruction 
to  you  of  the  27th  of  September  last.  We  have  the  like 
objections,  which  are  also  here  enclosed,  to  the  act  to  oblige 
all  vessels  trading  to  this  colony  (except  such  as  are 
therein  excepted)  to  pay  a  certain  duty,  etc.,  passed  in 
September,  1716,  and  for  the  same  reasons  we  must  desire 
you  to  get  a  new  act  passed  not  liable  to  these  objections." 

The  paper  containing  these  objections  I  shall  lay  before 
you,  and  earnestly  entreat  your  immediate  attention  to  the 
application,  also  proper  remedies.  At  the  same  time  I 
must  put  you  in  mind  that  in  the  next  year,  which  is  the 
last  of  your  revenue  act,  it  will  prove  very  deficient  as  was 
observed  at  the  time  it  passed,  so  that  this  may  be  a  very 
proper  juncture  by  a  new  act  for  that  purpose  to  remove 
all  just  objections,  guard  against  that  deficiency,  and  to 
make  further  provision  for  the  support  of  his  Majesty's 
government  here.1 

The  season  of  the  year  calls  for  dispatch  and  the  case 
cannot  admit  of  delay,  and  I  cannot  easily  persuade  my- 
self that  an  Assembly  which  has  all  along  had  and  has 
given  conspicuous  marks  of  a  hearty  zeal  for  his  Majesty 
and  sincere  regard  to  his  service,  and  has  given  such  kind 
repeated  proofs  of  their  entire  satisfaction  with  my  admin- 

1  An  act,  chap.  365,  was  passed  October  16th,  explaining  several  prioi 
revenue  statutes. 


186  MESSAGES  EROM  THE  GOVERNOR. 

istration,  will  hesitate  in  what  is  now  recommended  to 
them  which  so  nearly  concerns  the  interest  of  those  whom 
you  represent  as  well  as  that  of  the  government. 

EO:  HUNTER. 

SPECIAL  MESSAGES. 

October  9.  Thanking  the  Assembly  for  its  address,  and 
promising  to  use  his  utmost  endeavors  for  the  welfare  of 
the  colony. 

October  14.  The  Assembly  presented  to  the  Governor 
an  address  informing  him  that  a  sloop  and  her  cargo  be- 
longing to  the  mayor  of  New  York  had  been  unlawfully 
seized  by  the  Spaniards,  and  requesting  the  Governor's 
aid  in  procuring  a  restitution  of  the  property.  The  Gov- 
ernor replied  that  he  would  "  represent  their  desires  as 
effectually  as  he  could  to  his  Majesty." 

October  16.  The  Assembly  was  adjourned  to  the  first 
Tuesday  of  April,  1719. 


1719.    APRIL.     SEVENTEENTH  ASSEMBLY,  SEVENTH  SESSION. 


ROBERT  HUNTER,  Governor. 

The  Assembly  had  been  adjourned  to  the  7th  of  April. 
After  several  adjournments,  and  the  transaction  of  some 
business  of  minor  importance,  the  Assembly  on  the  28th 
received  the  following  speech  in  writing  from  the  Gov- 
ernor, who  was  indisposed,  and  for  that  reason,  sent  the 
speech  by  the  deputy  secretary.  This  is  the  first  instance 
in  which  the  speech  at  the  opening  of  the  session  was  not 
delivered  by  the  Governor  in  person. 


ROBEKT  HUNTER,  1719.  187 


OPENING  SPEECH. 

GENTLEMEN.—  My  present  state  of  health  obliges  me  to 
send  in  writing  what  I  had  to  recommend  to  you  at  the 
opening  of  the  session  to-day.  I  was  solicitous  that  you 
should  meet  at  this  time  that  we  might  be  in  a  readiness  to 
put  in  execution  such  orders  as  his  Majesty  might  think 
necessary  to  send  us  in  relation  to  the  just  and  necessary 
war  he  has  declared  against  Spain.  The  ship  which  prob- 
ably brings  these  orders  is  not  yet  arrived,  but  is  hourly 
expected.  The  news  you  have  had  of  that  enemy's  de- 
signed attempt  upon  the  Kingdom  of  Ireland  will  easily 
persuade  you  that  how  improbable  so  ever  an  enterprise 
of  the  like  nature  upon  these  parts  may  appear  to  be,  it 
is  not  impossible,  especially  considering  the  daily  reports 
of  their  equipping  of  ships  of  war  in  their  American  ports. 
Fury  and  resentment  may  carry  them  thither*  where  they 
think  they  may  do  the  greatest  and  cheapest  damage. 

I  look  upon  the  militia  with  the  regular  force  we  have 
to  be  a  sufficient  guard  to  the  Province.  But  I  think  that 
for  the  better  defence  of  this  city,  there  is  a  necessity  of 
renewing  and  repairing  the  two  low  batteries  at  the 
entrance  of  this  haven,  which  are  entirely  ruined  by  the 
injuries  of  time  and  tempests.  For  that  purpose  I  desire 
you  would  prepare  a  bill  for  the  defraying  that  expense, 
and  if  you  think  fit  in  the  meantime  to  pass  a  vote  of 
credit  for  that  use,  I  shall  set  to  work  immediately  that  no 
time  may  be  lost. 

In  the  next  place,  it  will  be  necessary  that  you  inform 
yourselves  from  your  Treasurer  and  the  officers,  of  the 
present  state  of  the  revenue  that  you  may  in  time  provide 
for  the  deficiency  in  these  funds  in  this  ensuing  last  year 
of  their  date  which  was  foreseen,  and  I  doubt  you  will  find 
it  to  be  considerable,  as  well  as  the  ways  and  means  for  the 


188  MESSAGES  FROM  THE  GOVERN  OB. 

future  support  of  his  Majesty's  government  here,  toward 
which  you  have  ever  shown  the  warmest  zeal  and  affection.1 

The  late  attempt  of  some  wicked  men  to  counterfeit  your 
bills  of  credit  I  hope  is  in  a  great  measure  disappointed 
by  the  early  discovery  and  the  flight  of  the  persons  guilty 
in  all  appearance,  for  the  finding  out  and  securing  of  whom 
I  have  used  all  possible  diligence.  I  submit  it  to  you 
whether  it  may  not  be  necessary  to  pass  a  law  forbidding 
the  currency  of  all  bills  above  a  certain  value,  which  shall 
be  pasted  on  the  back  side,  after  a  certain  time  fixed,  by 
which  time  the  Treasurer  may  change  true  bills  so  pasted 
with  others,  which  he»is  to  sink,  for  this  counterfeit  is  con- 
cealed by  the  means  of  such  pasting,  as  these  false  bills 
will  convince  you. 

You  know  that  the  time  approaches  when  your  country 
affairs  will  require  your  recess.  That  will  induce  you  to 
give  all  due  dispatch  to  business  before  you.  I  shall 
acquaint  you  from  time  to  time  what  occurs  to  me  which 
may  be  necessary  for  your  consideration. 

EO :  HUNTER 

SPECIAL  MESSAGES. 

April  30.  Acknowledging  the  receipt  of  the  Assembly's 
address. 

May  4.  Transmitting  a  letter  from  the  Lords  of  Trade 
relative  to  the  "  abuse  of  pitch  and  tar  transported  from 
this  Province  to  Great  Britain." 

May  22.  Transmitting  a  bond  executed  by  Gilbert  Liv- 
ingston and  Francis  Harrison,  farmers  of  the  excise. 

June  9.  Kecommending  that  provision  be  made  for  a 
second  judge. 

June  16.  From  the  Council,  recommending  repairs  to 
the  New  York  custom  house. 


i  A  general  act.  chap.  366.  was  passed  June  24th  for  the  support  of  govern- 
ment. 


ROBERT  HUNTER,  1719.  189 

June  24.  The  two  houses  being  in  joint  session  for  the 
consideration  of  bills,  the  Governor  said: 

"  I  have  now  sent  for  you,  that  you  may  be  witnesses  to 
my  assent  to  the  acts,  passed  by  the  General  Assembly  in 
this  session.  I  hope  that  what  remains  unfinished  may  be 
perfected  by  to-morrow,  when  I  intend  to  put  a  close  to  this 
session. 

I  take  this  opportunity,  also,  to  acquaint  you  that  my 
late  uncertain  state  of  health,  the  care  of  my  little  family, 
and  my  private  affairs  on  the  other  side,  have  at  last  deter- 
mined me  to  make  use  of  that  license  of  absence,  which  has 
been  some  time  ago  so  graciously  granted  me;  but  with  a 
firm  resolution  to  return  to  you  again,  if  it  is  his  Majesty's 
pleasure  that  I  should  do  so.  But  if  that  proves  otherwise, 
I  assure  you  that  whilst  I  live  I  shall  be  watchful  and  indus- 
trious to  promote  the  interest  and  welfare  of  this  country, 
of  which  I  think  I  am  under  the  strongest  obligations  for 
the  future  to  account  myself  a  countryman. 

I  look  with  pleasure  on  the  present  quiet  and  flourish- 
ing state  of  the  people  here,  whilst  I  reflect  on  that  in 
which  I  found  them  at  my  arrival.  As  the  very  name  of 
party  or  faction  seems  to  be  forgot,  may  it  ever  lie  buried 
in  oblivion,  and  no  strife  ever  happen  among  you ;  but  that 
laudable  emulation  who  shall  approve  himself  the  most 
zealous  servant  and  most  dutiful  subject  to  the  best  of 
Princes,  and  most  useful  member  of  a  well  established  and 
flourishing  community;  of  which  you,  Gentlemen,  have 
given  a  happy  example,  which  I  hope  will  be  followed  by 
future  Assemblies.  I  mention  it  to  your  honor,  and  without 
ingratitude  and  breach  of  duty,  I  could  do  no  less. ' ' 

The  next  day  the  Assembly  presented  the  following  ad- 
dress to  Governor  Hunter: 

1  When  we  reflect  upon  your  past  conduct,  your  just, 
mild  and  tender  administration,  it  heightens  the  concern  we 
have  for  your  departure,  and  makes  our  grief  such  as 
words  cannot  truly  express. 

You  have  governed  well  and  wisely,  like  a  prudent 
magistrate,  like  an  affectionate  parent,  and  wherever  you 
go,  and  to  whatever  station  the  divine  Providence  shall 
please  to  assign  you,  our  sincere  desires  and  prayers  for  the 
happiness  of  you  and  yours,  shall  always  attend  you. 


190  MESSAGES  FROM  THE  GOVERNOR. 

We  have  seen  many  Governors,  and  may  see  more;  and 
as  none  of  those  who  had  the  honor  to  serve  in  your  station 
were  ever  so  justly  fixed  in  the  affections  of  the  Govern- 
ment, so  those  to  come  will  acquire  no  mean  reputation, 
when  it  can  be  truly  said  of  them,  their  conduct  has  been 
like  yours. 

We  thankfully  accept  the  honor  you  do  us  in  calling 
yourself  our  countryman ;  give  us  leave  then,  to  desire  that 
you  will  not  forget  this  is  your  country,  and  (if  you  can) 
make  haste  to  return  to  it. 

But  if  the  service  of  our  sovereign  will  not  admit  of 
what  we  so  earnestly  desire,  and  his  commands  deny  us 
that  happiness,  permit  us  to  address  you  as  our  friend,  and 
give  us  your  assistance  when  we  are  oppressed  with  an 
administration  the  reverse  of  yours." 

June  25.  Governor  Hunter  adjourned  the  Assembly  to 
the  first  Tuesday  in  May,  1720. 


1720.     OCTOBER.     SEVENTEENTH  ASSEMBLY,  EIGHTH  SESSION. 


WILLIAM   BURNET,  Governor. 

July  13,  1719,  Governor  Hunter  transferred  the  govern- 
ment of  the  colony  to  Peter  Schuyler,  President  of  the 
Council,  and  soon  afterwards  sailed  for  England.  Presi- 
dent Sehuyler  adjourned  the  Assembly  from  time  to  time, 
until  the  arrival  of  Governor  Burnet.  The  new  Governor's 
commission  was  dated  June  24,  1720.  He  arrived  in  the 
colony  in  due  season,  and  published  his  commission  and 
took  the  oath  of  office  the  17th  of  September.  He  was  also 
appointed  Governor  of  New  Jersey. 

The  Assembly  met  again  October  13,  1720,  and  on  that 
day  Governor  Burnet  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  I  am  fully  sensible  of  my  unfitness  to  fill 
the  room  of  my  incomparable  predecessor  and  to  meet 


I 

WILLIAM  BUKNET,  1720.  191 

gentlemen  who  have  for  some  years  been  near  witnesses  of 
his  wise  and  worthy  administration. 

I  could  not  recover  my  uneasiness  on  this  head,  were 
there  not  many  happy  circumstances  to  relieve  me.  I 
serve  the  best  Prince  that  ever  was,  from  whom  I  may 
depend  on  the  most  gracious  acceptance  of  my  unworthy 
services. 

I  succeed  a  gentleman  who  left  this  Province  in  a  flourish- 
ing state,  and  is  still  ready  to  take  care  of  its  interest, 
which  his  Majesty's  favor  and  the  general  regard  shown 
him  at  home  will  give  him  great  opportunities  of  doing, 
and  which  in  the  most  affectionate  terms  to  his  people  and 
to  myself  he  has  heartily  undertaken. 

I  meet  a  Council  and  Assembly  who  concurred  with  him 
and  assisted  him  in  those  great  and  good  measures  that 
are  now  completely  confirmed  by  his  Majesty,  which  have 
been  so  effectual  to  settle  the  peace  and  public  credit  of  this 
Province,  and  are  so  much  of  the  same  nature  with  those 
glorious  and  successful  methods  so  lately  taken  by  the 
legislature  of  Great  Britain  for  payment  of  all  the  public 
debts  by  increasing  the  circulation  of  paper  credit. 

Upon  the  whole,  when  I  consider  the  present  state  of 
affairs  and  compare  it  with  the  distracted  and  unsettled 
posture  in  which  my  predecessor  found  them,  I  begin  to 
flatter  myself  that  my  task  will  be  much  easier,  my  assist- 
ance much  greater  than  he  met  with  at  his  first  coming. 

GENTLEMEN  OF  THE  ASSEMBLY.— After  such  proofs  of 
your  care  of  credit  and  the  support  of  government,  I  have 
no  room  left  to  doubt  of  your  finding  an  immediate  and 
effectual  remedy  for  the  great  deficiency  of  the  present 
revenue,  I  leave  it  to  you  to  judge  if  it  is  not  time  to  make  a 
further  provision  for  the  support  of  government,  since  the 
present  act  will  expire  in  July  next.1 

i  Provision  for  the  support  of  government  was  made  by  an  act,  chap.  396, 
passed  November  19th.  The  act  was  to  continue  in  force  six  years. 


192  MESSAGES  FROM  THE  GOVERNOR. 

And  this  I  am  commanded  by  his  Majesty  to  recommend 
to  your  earnest  consideration.  In  providing  a  revenue  for 
a  reasonable  term  you  will  show  your  opinion  of  those 
employed  by  his  Majesty  among  you,  and  above  all  give 
the  best  proof  of  your  thankfulness  to  his  Majesty  for  his 
most  gracious  care  of  your  continuance  by  his  late  com- 
mands signified  by  Mr.  Secretary  Craggs  to  the  President 
of  the  Council,  that  you  be  not  dissolved  nor  suffered  to 
dissolve  for  want  of  due  prorogation. 

I  come  now  to  an  affair  of  the  last  importance  to  your- 
selves and  the  safety  of  the  country,  and  what  I  thought 
my  duty  to  recommend  to  your  care  without  loss  of  time, 
the  present  condition  of  the  frontier.  I  must  believe  that 
whilst  you  approve  yourselves  loyal  to  his  Majesty  and 
just  to  one  another  in  paying  the  public  debts,  you  will  not 
neglect  that  first  principle  of  nature,  self  preservation.  It 
is  no  less  that  comes  now  before  you  than  whether  you  will 
suffer  the  Province  to  lie  open  to  the  first  attempt  the 
French  shall  think  fit  to  make  against  it.  This  must  be  the 
case  if  we  look  on  patiently  and  see  them  advancing  every 
day  further  into  our  country,  building  trading  houses  in 
the  main  passes  belonging  to  it,  seducing  numbers  of  our 
Indians  to  live  among  them,  setting  others  on  expeditions 
against  those  who  depend  on  a  neighboring  British  colony, 
and  spreading  false  and  scandalous  reports  among  the 
Five  Nations  in  order  to  draw  them  off  their  allegiance  to 
the  Crown  of  Great  Britain. 

This  is  the  substance  of  our  best  and  freshest  advices 
from  those  parts,  and  what  the  most  trusty  of  our  Indians 
have  communicated  to  us,  imploring  our  immediate  help  to 
prevent  their  nations  from  falling  entirely  into  the  hands 
of  the  French,  of  which  we  know  the  fatal  consequence. 
Now  if  in  a  time  of  profound  peace,  we  find  the  French 
using  such  arts  and  by  their  new  settlement  on  Mississippi, 
give  us  just  reason  to  apprehend  a  dangerous  increase  of 


I 

WILLIAM  BUBNET,  1720.  193 

their  power,  can  we  be  so  much  wanting  to  ourselves  as  to 
lose  a  moment  in  providing  for  our  own  security? 

We  may  yet  do  what  I  hope  will  be  effectual  by  repairing 
our  forts,  which  are  now  in  a  total  decay,  building  new  ones 
where  it  shall  be  found  necessary,2  putting  our  militia  in 
the  best  condition  for  service,3  using  our  utmost  endeavor 
to  establish  our  interest  with  the  Indians,  and  preventing 
any  trade  on  this  side  that  may  be  destructive  to  the  public.4 

Thus  without  any  imputation  of  violating  the  peace  with 
France  on  our  part,  we  may  be  secure  in  all  events  against 
a  nation  whose  practices  among  us  have  had  a  constant 
view  to  their  own  ambition  and  our  ruin. 

GENTLEMEN. —  We  live  in  the  happiest  of  times;  our 
mother  country,  Great  Britain,  flourishes  beyond  what  was 
ever  known  before,  in  wealth,  power  and  glory.  We  may 
ascribe  it  to  a  blessing  that  attends  such  national  virtues 
as  public  spirit  and  public  faith,  in  which  she  has  outshined 
all  her  neighbors. 


2  An  act,  chap.  397,  was  passed  November  19th,  providing  for  the  erection 
and  repair  of  fortifications  on  the  frontier.    The  preamble  recites  that: 

"  The  French  of  Canada  have  by  ill  arts  and  crafty  insinuations  so  far  gained 
upon  some  of  the  nations  of  the  Indians  inhabiting  in  and  bordering  upon 
this  Province  as  to  be  admitted  to  build  a  trading  house  or  fortification 
among  the  said  Indians  at  a  place  called  Niagara  or  Yagera,  within  this 
Province,  which  is  not  only  in  contempt  of  his  Majesty  and  his  royal  dignity 
and  imperial  crown  of  Great  Britain,  but  tends  to  render  the  said  Indians 
wavering  in  their  faith  and  allegiance  and  will  if  not  demolished  awe  the 
said  Indians  into  a  subjection  and  dependence  on  the  said  French,  withdraw 
them  from  their  duty  and  obedience  to  his  royal  Majesty,  and  with  them  a 
great  tract  of  territory  now  and  heretofore  in  the  possession,  and  of  right 
belonging  to  his  said  Majesty  as  a  part  of  his  territory  and  dominion  of 
New  York  in  America." 

At  the  next  session,  July  1,  1721,  the  Speaker  presented  "  a  translation 
from  the  French,  of  a  memorial  of  what  passed  concerning  the  establishment 
of  a  post  which  the  French  have  built  at  Niagara  for  the  trade  of  peltry." 
The  records  do  not  contain  a  copy  of  the  memorial. 

3  An   act,   chap.    385,    passed   November    19th,    revised   and   continued   the 
militia  act  of  1702. 

<  November  19th,  an  act  was  passed,  chap.  392,  "  for  the  encouragement 
of  the  Indian  trade  and  rendering  it  more  beneficial  to  the  inhabitants  of 
this  Province,  and  for  prohibiting  the  selling  of  Indian  goods  to  the  French." 

13 


194  MESSAGES  FROM  THE  GOVERNOR. 

The  glorious  revolution  begun  by  King  William  of  im- 
mortal memory  has  now  after  many  struggles  and  dangers 
received  its  finishing  stroke  and  utmost  perfection,  and 
seems  now  secured  beyond  the  reach  of  anything  but  envy. 

The  present  age  cannot  be  happier  than  under  a  Prince 
so  admired  and  beloved  as  his  Majesty,  nor  posterity  have 
a  fairer  prospect  than  from  the  next  heir  to  the  Crown,  and 
the  whole  illustrious  line  after  him. 

These  blessings  reach  us,  though  in  a  lower  and  remoter 
sphere,  and  as  Great  Britain  is  an  example  to  other  na- 
tions, we  have  advantages  that  if  we  improve  will  make  us 
a  pattern  to  other  colonies. 

W.  BURNET. 

SPECIAL  MESSAGES. 

October  21.  The  Assembly  having  received  information 
that  a  warrant  for  five  hundred  and  fifty  pounds  had  been 
issued  to  Governor  Hunter  —  four  hundred  pounds  to  be 
used  for  presents  to  the  Indians,  and  one  hundred  and  fifty 
pounds  for  his  expenses  in  going  to  Albany,  to  negotiate 
with  the  Indians,  and  that  he  had  left  the  colony  without 
performing  the  service  —  requested  the  Governor  to  pro- 
cure the  cancellation  of  the  warrant.  The  Governor  re- 
ferred the  matter  to  Governor  Hunter's  agents,  who  re- 
ported that  a  receipt  had  been  given  for  the  warrant,  and 
suggested  that  it  should  not  be  cancelled  without  proper 
indemnity.  It  appeared  on  further  investigation  that  Gov- 
ernor Hunter  had  in  fact  sent  a  large  quantity  of  supplies 
to  Albany  to  be  used  as  presents  to  the  Indians. 

October  24.  Transmitting  an  account  of  the  farmers  of 
the  excise.5 


5  November  19th,  an  act  was  passed,  chap.  387,  appointing  commissioners 
In  the  several  counties,  charged  with  the  duty  of  farming  out  the  excise 
therein, 


I 

WILLIAM  BURNET,  1721.  195 

October  27.  Thanking  the  Assembly  for  its  address, 
saying  he  was  ' '  very  happy  on  his  first  entrance  upon  the 
government,  to  find  in  them  so  much  affection  and  loyalty 
to  his  Majesty,  so  good  a  disposition  to  him,  and  so  much 
unanimity  among  themselves." 

November  4.  Assuring  the  Assembly,  in  response  to  its 
request,  that  he  would  endeavor  to  brkig  to  a  speedy  deter- 
mination the  matter  relating  to  Samuel  Heath,  the  deputy 
weighmaster. 

November  19.  After  approving  certain  bills,  the  Gov- 
ernor said : 

"  The  cheerfulness  you  have  shown  in  providing  for  a 
support  of  government,  justly  recommends  you  to  his 
Majesty's  favor,  which  I  shall  not  fail  to  represent. 

Your  care  of  the  frontier,  and  to  prevent  a  trade  so  dan- 
gerous to  the  safety  of  the  Province,  entitles  you  to  the 
love  of  your  countrymen,  and  your  confidence  in  me,  will 
make  me  impatient  to  meet  so  good  an  Assembly  again." 

The  Assembly  was  then  adjourned  to  the  first  Tuesday 
in  March,  1721. 


1721.     MAY.    SEVENTEENTH  ASSEMBLY,  NINTH   SESSION. 

WILLIAM   BURNET,   Governor. 

The  Assembly  had  been  adjourned  to  the  first  Tuesday 
in  March,  1721,  but  was  continued  from  time  to  time  (some 
of  the  proclamations  being  issued  while  the  Governor  was 
in  New  Jersey)  until  the  16th  of  May,  when  the  regular 
business  of  the  session  was  begun.  On  the  19th,  the  Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  It  must  always  be  a  pleasure  to  meet  an 
Assembly  that  have  acted  with  so  much  unanimity  and  dis- 


196  MESSAGES  FROM  THE  GOVERNOR. 

patch  in  the  service  of  the  public,  and  have  at  the  same 
time  shown  a  due  regard  to  the  government  and  a  tender 
care  of  the  credit,  ease  and  safety  of  the  colony. 

This  conduct  makes  you  worthy  to  represent  such  a 
flourishing  people,  and  gives  me  a  peculiar  satisfaction  in 
finding  your  continuance  approved  at  home.1  I  shall  com- 
municate to  you  the  letter  I  have  received  from  the  Lords 
of  Trade  on  that  and  some  other  matters,  and  shall  send 
you  what  papers  may  serve  to  inform  you  of  the  present 
st«ite  of  the  frontiers2  and  the  continued  attempts  of  the 
French  against  this  Province.3  You  cannot  be  insensible 
of  the  dangerous  consequences  they  will  have  if  not  timely 
and  effectually  prevented. 

If  you  have  left  any  part  of  the  public  business  unfin- 
ished the  last  time  you  met,  you  will  now  I  hope  perfect  it, 
with  as  little  expense  of  time  as  possible.  I  shall  always 
give  you  opportunity  of  doing  everything  you  conceive  for 
the  benefit  of  your  country,  and  join  heartily  with  you  to 
the  utmost  of  my  ability  to  promote  the  common  good. 

W.  BUENET. 


1  Governor  Burnet,  in  a  letter  to  the  Lords  of  Trade,  dated  September  24, 
1720  (Col.  Doc.  vol.  5,  p.  573),  and  again  in  a  letter  to  the  Secretary  of  State, 
dated  October  17,  1720  (Col.  Doc.  vol.  5,  p.  574),  recommended  the  continu- 
ance of  the  existing  Assembly,  which  had  been  chosen  and  had  held  several 
sessions  during  Governor  Hunter's  administration.     The  Lords  of  Trade  in 
their   reply  to   these   communications,   dated   December  28.    1720    (Col.   Doc. 
vol.  5,  p.  583 ) ,  approved  the  continuance  of  the  Assembly,  saying  that  the 
practice  was  "  exactly  conformable  to  that  in  Ireland,  where  one  parliament 
has  subsisted  under  different  governors  since  his  Majesty's  accession  to  the 
throne." 

2  July   27th,   two   acts  were   passed   for   frontier    defence,   one,    chap.    403, 
relating  to  stockades  at  Albany  and  Schenectady.  and  the  other,  chap.  406, 
for  repairing  the  fortifications  at  Albany. 

3  An  act,  chap  409.  was  passed  July  27th,  appropriating  five  hundred  pounds 
for  presents  to  the  Indians,  for  the  safety  of  the  Province,  and  to  secure 
the  fidelity  of  the  Five  Nations. 


WILLIAM  BUKNET,  1722.  197 


SPECIAL  MESSAGES. 

May  20.     Thanking  the  Assembly  for  its  address. 

May  23.  Transmitting  a  letter  f  rom,  the  Lords  of  Trade 
approving  the  continuance  of  the  Assembly;  also  trans- 
mitting papers  relating  to  the  frontier,  and  a  letter  from 
the  Governor  of  Canada  to  Col.  Sclmyler. 

June  2.  Approving  the  appointment  by  the  Assembly 
of  Abraham  De  Peyster,  Jr.,  as  treasurer  of  the  colony. 

June  14.  Approving  the  appointment  of  a  joint  com- 
mittee to  audit  the  accounts  of  the  late  treasurer. 

June  30.  Acknowledging  the  receipt  of  a  memorial 
from  the  Assembly  disclaiming  any  contempt  of  his 
Majesty's  authority  in  refusing  to  account  with  the  Audi- 
tor-General, who  it  seems  claimed  a  fee  of  five  per  cent  on 
all  revenues  collected,  which  fee  the  Assembly  thought  ex- 
traordinary and  burdensome. 

July  5.  Transmitting  a  letter  from  Albany,  importing 
that  several  foreign  Indians  were  arrived  at  Albany  to 
trade,  and  that  more  were  expected. 

July  27.  The  Assembly  was  adjourned  to  the  first  Tues- 
day in  October. 


1722.     MAY.    SEVENTEENTH  ASSEMBLY,  TENTH  SESSION. 

WILLIAM   BURNET,   Governor. 

The  Assembly  had  been  adjourned  until  the  first  Tues- 
day in  October,  1721,  but  by  several  adjournments,  was  con- 
tinued until  the  29th  of  May,  1722.  The  Governor  on  the 
31st  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  I  have  so  much  reason  to  expect  your 
ready  concurrence  in  everything  which  is  requisite  for  the 
public  service,  that  I  meet  you  with  a  cheerful  confidence 


198  MESSAGES  FROM  THE  GOVERNOR. 

and  an  entire  dependence  on  your  making  effectual  all  your 
former  resolutions  to  that  end,  and  your  coming  to  such 
new  ones  as  will  enable  me  to  carry  on  those  measures  on 
the  frontier  of  this  Province  which  I  have  begun  with  some 
success,  and  which  are  of  the  greatest  moment  for  your 
security.1 

I  have  now  for  a  long  time  waited  for  the  confirmation 
of  your  act  for  laying  two  per  cent  on  European  goods,  but 
cannot  avoid  telling  you  not  only  that  it  is  not  con- 
firmed, but  by  my  best  advices  it  never  will  be,  and  the 
reason  is  not  hard  to  guess  when  the  legislature  at  home 
have  passed  a  law  to  give  a  premium  upon  the  exportation 
of  the  British  manufactures.  It  is  scarce  to  be  expected 
that  the  Crown  will  consent  to  a  duty  on  those  very  manu- 
factures when  imported  into  the  plantations.  As  you  were 
convinced  of  the  necessity  of  passing  this  act  formerly,  I 
can  have  no  doubt  of  your  readiness  to  find  other  ways  to 
provide  for  the  same  purposes  in  a  manner  that  will  prove 
real.2  There  is  another  expectation  from  the  act  of  the 
support  of  the  government  which  you  will  find  has  not 
answered,  and  that  is  the  sinking  of  a  large  sum  of  bills  of 
credit  out  of  it,  which  is  so  far  from  being  possible  that 
the  revenue  will  not  even  answer  when  this  load  shall  be 
taken  off. 

I  depend,  therefore,  upon  your  care  to  provide  another 
way  to  sink  those  paper  bills.3  I  must  take  this  occasion 


1  An  act,   chap.  427,  was  passed  at  the  next  session,   November   1,    1722. 
appropriating  five  hundred  pounds  to  encourage  trade  with  the  Indians  and 
for  the  defence  of  the  frontier. 

2  An  act  had  been  passed  November  19,  1720,  chap.  397,  imposing  a  duty 
of  two  per  cent  on  all  European  goods  imported  into  the  colony.     The  As- 
sembly  journal   shows   that   on   the   23d   of   October,   1722,   a   communication 
was  received   from  George   Bamfield.   the  colony's  agent   in  London,   showing 
his   efforts  to   procure  the   royal   assent  to   this  bill,   and  also  a  copy  of  a 
remonstrance  against  it  by  London  merchants.     July  24,  1724,  the  Governor 
communicated  to  the  Assembly  the  King's  veto  of  this  bill. 

3  An  act,  chap.   421,  passed  July  7,    1722,   revived  and   continued  bills  of 
credit  to  the  amount   of  three  thousand  ounces  of  plate,   which  by  the  act 
mentioned  in  the  Governor's  message  were  to  be  sunk  and  destroyed. 


WILLIAM  BURNET,  1722.  199 

to  recommend  it  to  you  to  inquire  how  public  moneys  have 
been  managed  since  our  last  meeting,  and  whether  due 
care  has  been  taken  to  recover  all  the  arrears  due  to  the 
public,  and  to  apply  them  according  to  law,  and  whether 
due  obedience  has  yet  been  paid  to  my  orders  given  in 
Council  to  promote  that  service.4 

I  doubt  not  but  you  will  pay  a  due  deference  to  his 
Majesty's  commands  to  me  to  take  care  that  the  revenue 
be  accounted  for  to  his  Majesty's  proper  officer,  of  which 
I  will  send  you  a  copy,  as  I  likewise  will  of  the  manner  in 
which  the  small  sum  given  last  year  for  the  service  of  the 
frontier  has  been  disposed  of,  that  you  may  see  the  fru- 
gality with  which  it  has  been  managed. 

The  same  frugality  shall  be  observed  in  the  application 
of  whatever  sum  shall  be  now  given  for  the  like  services, 
and  for  the  erecting  and  maintaining  a  magazine  for 
powder,  of  which  you  all  know  the  necessity  for  the  safety 
of  this  flourishing  city. 

GENTLEMEN.—  I  hope  a  sincere  and  disinterested  love  of 
our  country  will  be  our  rule  in  all  our  proceedings,  that 
all  private  views  and  indirect  measures  be  discountenanced, 
and  particularly  that  in  your  providing  for  the  pressing 
occasions  of  the  public  you  will  turn  your  thoughts  in  such 
manner  as  will  best  suit  the  ease  and  general  inclination 
of  the  people,  and  tend  to  encourage  the  industry  and 
multiply  the  number  of  the  inhabitants  of  this  Province. 
I  shall  readily  join  as  far  as  I  am  able  in  any  laws  which 
you  can  think  for  the  benefit  of  this  colony,  and  shall 
always  have  the  greater  satisfaction  in  my  own  mind  and 
think  I  do  the  most  acceptable  service  to  my  sovereign, 
when  I  promote  the  happiness  of  the  people. 

W.  BURNET. 


*  An  act  to  recover  arrears  of  duties,  chap.  424,  was  passed  July  7,  1722. 


200  MESSAGES  FROM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

June  8.  Transmitting  a  copy  of  the  minutes  of  the 
Council  relating  to  the  late  and  present  treasurer  of  the 
colony ;  a  copy  of  the  part  of  a  letter  from  Lord  Carteret, 
one  of  the  Secretaries  of  State ;  a  copy  of  a  letter  from  the 
English  Commissioners  of  the  Treasury;  and  a  statement 
showing  the  disposition  of  the  five  hundred  pounds  appro- 
priated at  the  last  session  of  the  Assembly  for  presents 
to  the  Indians. 

June  13.  Transmitting  a  letter  from  the  Commissioners 
of  Indian  Affairs  at  Albany,  "  relating  to  the  trade  sup- 
posed to  be  clandestinely  carried  on  by  some  persons  at 
Albany,  with  the  French  at  Canada. ' '  The  Assembly,  act- 
ing on  this  letter,  requested  the  Governor  not  to  grant 
"  any  pass  to  any  inhabitants  of  this  Province  to  go  to 
Canada,  unless  upon  great  and  urgent  necessity  of  the  pub- 
lic affairs."5 

June  14.  Acknowledging  the  receipt  of  two  addresses 
from,  the  Assembly. 

June  15.  Presenting  letters  from  Peter  Schuyler,  Jr., 
and  Thomas  Wildman. 

June  22.  Transmitting  a  petition  from  Philip  Liv- 
ingston, Secretary  of  Indian  Affairs,  requesting  the  pay- 
ment of  his  salary. 

June  29.  The  Assembly,  having  requested  a  recess  until 
after  harvest,  the  Governor  replied  that  he  could  not  grant 
the  request  without  neglecting  the  public  service ;  that  very 
extraordinary  business  required  him  to  meet  the  Indians 
at  Albany  ' '  in  the  end  of  August, ' '  and  the  success  of  that 
negotiation  depended  in  a  great  measure  on  the  Assembly's 
providing  for  the  service  of  the  frontier  and  the  trade  with 
the  far  Indians,  to  which  end,  there  was  a  trading  house 


6  An   act  to   prevent   clandestine   trade   with   the   French,   chap.   425,   was 
passed  July  7th. 


WILLIAM  BURNET,  1722.  201 

actually  building  near  the  Lake  Cadaracqui,  in  the  Seneca's 
country,  and  he  hoped  there  would  be  no  unnecessary  delay 
in  making  provision  for  that  enterprise.  (See  note  1.) 

June  30.  Informing  the  Assembly  that  he  would  con- 
sider its  request  for  a  statement  of  the  expense  for  secur- 
ing the  frontier.  On  the  3d  of  July,  the  Governor  made 
a  formal  reply  to  this  request,  in  which  he  said : 

1  'As  the  security  of  this  Frontier  depends  in  a  great 
measure  on  the  fidelity  of  the  Five  Nations  to  this  Govern- 
ment, the  most  numerous  of  which,  the  Seneka  's,  are  at  a 
great  distance  from  our  Christian  settlements,  and  are  con- 
tinually solicited  by  the  French  to  quit  our  interest  and 
embrace  theirs,  His  Excellency  conceives  the  most  frugal 
and  effectual  method  to  keep  them  in  their  allegiance,  as 
well  as  to  preserve  and  increase  our  trade  with  the  far 
Indians,  is  to  have  a  fixed  trading  house  established  among 
the  said  Senekas,  and  to  encourage  such  a  company  to  settle 
among  them  as  shall  be  sufficient  to  entertain  a  constant 
amity  and  familiarity  with  that  Nation,  and  take  all 
methods,  requisite  to  invite  the  Nations  to  trade  with  this 
Province,  and  to  keep  a  constant  intercourse  with  the  city 
of  Albany." 

The  Governor  recommended  that  a  company  of  twelve 
men  be  provided  for  this  purpose,  besides  interpreters  and 
smiths,  and  that  eight  hundred  pounds  be  appropriated  for 
salaries  and  expenses.  (See  note  1.) 

July  7.  The  Assembly  was  adjourned  to  the  last  Tues- 
day in  September. 


1722.     OCTOBER.     SEVENTEENTH   ASSEMBLY,  ELEVENTH   SESSION. 


WILLIAM   BURNET,   Governor. 

At  the  close  of  the  preceding  session  the  Assembly  was 
adjourned  to  the  last  Tuesday  of  September,  1722,  but 
did  not  meet  for  the  transaction  of  business  until  the  1st 


202  MESSAGES  FROM  THE  GOVERNOR. 

of  October.  No  formal  speech  was  delivered  at  this  ses- 
sion, but  on  the  second,  the  Governor  transmitted  to  the 
Assembly  the  following  papers: 

"An  answer  from  the  Honorable  Horatio  Walpole,  Esq. 
auditor  General  of  his  Majesty's  plantations,  to  a  repre- 
sentation of  this  House  to  his  Excellency,  relating  to  the 
auditing  of  the  moneys  raised  for  the  civil  government  of 
this  Province,  dated  the  17th  of  January,  1721-2. 

A  letter  from  the  Eight  Honorable  the  Lords  Commis- 
sioners of  his  Majesty's  Treasury,  to  his  Excellency,  upon 
the  same  subject ;  dated  28th  of  April,  1722. 

Copy  of  a  memorial  from  Archibald  Kennedy,  Esq.,  to 
the  Eight  Honorable  the  Lord  Carteret,  one  of  his  Majesty's 
principal  Secretaries  of  State,  relating  to  bedding,  and 
other  stores  for  his  Majesty's  four  independent  companies, 
posted  in  this  Province. 

Copy  of  a  letter  from  the  Board  of  Ordnance,  to  the 
Eight  Honorable  the  Lord  Carteret  in  answer  thereto,  dated 
the  17th  of  April,  1722. 

A  letter  from  the  Lord  Carteret  to  his  Excellency,  upon 
the  same  subject,  dated  the  26th  of  April,  1722. 

Copy  of  Captain  Henry  Holland's  petition  to  his 
Majesty;  claiming  an  arrear  due  to  him  of  five  hundred 
twenty-one  pounds  and  sixteen  shillings,  as  gunner  to  the 
fort  of  Albany. 

A  letter  from  the  Lord  Carteret  to  his  Excellency,  upon 
the  said  petition;  dated  the  31st  of  August,  1722. 

The  memorial  of  Captain  Philip  Schuyler,  to  his  Excel- 
lency and  Council,  for  repairing  the  Fort  at  Schenectady, 
and  the  necessity  of  a  small  house  to  be  erected  for  secur- 
ing the  powder  for  the  use  of  the  said  Fort. 

The  account  of  Cornelius  Cuyler's  charges  for  his 
journey  to  Canada  as  express,  in  June  and  July  last,  to 
carry  his  Excellency's  proclamation  for  his  Majesty's  sub- 
jects residing  there,  to  return,  entitled  The  Province  of 
New  York  debtor ;  amounting  to  thirty  pounds. 

A  letter  from  the  Commissioners  of  Indian  Affairs  to 
his  Excellency  that  they  would  build  two  wooden  houses, 
for  accommodating  the  Indians  coming  to  trade  at  Albany, 
when  the  Indians  there  were  gone,  dated  the  1st  of  Sep- 
tember last. 


WILLIAM  BURNET,  1722.  203 

An  account  of  the  materials  necessary  to  repair  the 
Fort  at  Albany,  and  the  labor  computed  at  fifty  pounds." 

SPECIAL  MESSAGES. 

/ 

October  6.  The  Assembly  journal  contains  the  follow- 
ing: 

11  His  Excellency,  our  Governor,  having  by  Col.  Provoost 
sent  for  the  perusal  and  consideration  of  this  House  the 
93d  and  94th  articles  of  his  Majesty's  instructions  to  him, 
regulating  the  quotas  of  men  or  money  to  be  furnished  by 
the  several  colonies,  in  case  our  frontier  should  be  invaded, 
and  upon  invasion  of  the  neighboring  plantations,  to  aid 
and  assist  them  in  the  best  manner,  and  as  the  condition  and 
safety  of  this  government  will  permit;  as  also  a  letter  to 
him  from  Col.  Samuel  Shute,  Esq.  Governor  of  the  Massa- 
chusetts Bay  &c.  in  New  England,  dated  the  1st  of  Sep- 
tember last,  making  a  demand  comformable  to  the  said 
repartition,  by  reason  of  the  war  he  had  declared  against 
the  Eastern  Indians.  And  the  House  having  duly  consid- 
ered of  both,  came  to  the  following  resolutions  thereon,  viz. 

That  they  are  sensibly  touched  and  grieved  at  the  bar- 
barous and  cruel  war  their  good  neighbors  of  New  England 
are  engaged  in  with  the  said  Indians ;  and  on  the  other  hand, 
that  the  circumstances  of  this  colony  is  so  far  from  being 
able  to  afford  them  the  aid  and  assistance  their  disposition 
would  incline  them  to,  if  they  were  in  a  condition.  That  by 
the  annual  and  constant  charge  to  secure  our  Five  Nations 
of  Indians  in  the  British  interest,  maintaining  and  repair- 
ing the  forts  and  fortifications  on  our  frontiers,  the  great 
charge  in  supporting  this  government,  and  the  lessening 
the  heavy  debts  it  labors  under,  that  even  this  session,  they 
have  been  obliged  to  burthen  its  inhabitants  with  several 
large  taxes. 

That  the  colony  being  thus  circumstanced,  this  House 
is  greatly  pleased  that  his  Excellency,  at  his  late  treaty 
with  the  Five  Nations  at  Albany,  has  enjoined  and  engaged 
them  to  depute  one  out  of  each  Nation  to  go  to  the  said 
Eastern  Indians,  and  to  threaten  them  in  the  name  of  their 
principals,  that  they  will  make  war  upon  them,  in  case  they 
do  not  strike  up  a  peace  with  his  Majesty's  subjects  of  New 
England,  and  those  deputies  being  actually  gone  upon  that 


204  MESSAGES  FROM  THE  GOVERNOR. 

message,  accompanied  with  a  Christian,  this  House  hopes 
it  will  have  a  happy  effect,  which  they  are  the  more  inclin- 
able to  believe,  because  the  like  measures  being  used  by  this 
government,  ajjout  the  year  1675,  did  very  much  contribute 
to  finish  a  more  cruel  war  (commonly  called  King  Philip's 
War)  wherein  New  England,  was  then  engaged  with  the 
Indians. 

Ordered,  That  the  Speaker  desire  his  Excellency  to 
communicate  the  sentiments  of  this  House  to  Col.  Shute, 
and  that  he  will  at  the  same  time  acquaint  him  that  the 
present  state  of  this  colony  does  altogether  deprive  them 
of  the  means  to  aid  them  at  this  time,  however  well  dis- 
posed they  may  be  to  do  it." 

October  18.  From  the  Council,  proposing  a  joint  com- 
mittee to  compare  and  examine  the  acts  passed  since  Gov- 
ernor Burnet's  arrival  in  the  colony. 

November  1.  The  Assembly  was  adjourned  to  the  first 
Tuesday  in  May,  1723. 


1723.    MAY.     SEVENTEENTH  ASSEMBLY,  TWELFTH  SESSION. 


WILLIAM   BURNET,   Governor. 

The  session  was  opened  on  the  8th  of  May,  and  on  the 
14th,  the  Governor  delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN. —  The  unanimity  and  mutual  confidence  that 
have  appeared  in  our  former  meetings,  and  the  general 
tranquility  that  is  observable  through  the  whole  Province, 
leave  me  little  room  to  apprehend  mischiefs  arising  from 
differences  among  ourselves. 

But  when  wicked  men  in  defiance  of  the  most  sacred 
obligations  are  continually  conspiring  the  ruin  of  that 
glorious  nation  to  which  we  belong,  we  cannot  but  feel  the 


* 

WILLIAM  BURNET,  1723.  205 

highest  concern  while  our  common  fate  is  in  suspense,  and 
receive  the  news  of  deliverance  with  all  imaginable  joy. 

The  dangers  which  have  hitherto  threatened  us  have  all 
taken  this  happy  turn,  and  we  are  now  certainly  informed 
that  the  late  traitorous  schemes  which  have  been  laid 
against  his  most  excellent  Majesty  and  his  happy  Kingdoms 
have  been  rejected  and  disappointed  by  foreign  Princes, 
discovered  and  prevented  by  the  administration  at  home, 
and  have  now  brought  the  conspirators  to  justice  and  par- 
liamentary resentment. 1 

Could  we  have  believed  that  under  the  t^st  of  Kings 
supported  by  a  hearty  parliament  and  respected  by  all  the 
powers  of  Europe,  a  discontented  party  alone  would  thus 
attempt  to  overturn  the  constitution?  But  since  men  show 
themselves  so  desperate  in  the  profoundest  state  of  peace, 
safety  and  prosperity  can  never  justify  a  remissness  in 
providing  against  public  dangers.  What  is  true  of  great 
nations  is  not  less  applicable  to  Provinces  that  depend  on 
them. 

You  are  very  sensible  at  how  great  a  yearly  expense  the 
government  at  home  provides  for  your  security  both  by 
land  and  sea,  and  if  this  does  not  encourage  you  to  make 
good  your  own  part  in  putting  your  harbor  and  your 
frontier  in  an  effectual  posture  of  defence  and  in  providing 
sufficient  stores  and  magazines  under  a  proper  regulation, 
how  will  you  answer  it  to  yourselves  if  at  any  time  you 
should  come  to  be  destroyed  by  surprise? 

I  have  some  reason  to  hope  that  it  cannot  be  an  appre- 
hension that  the  sums  raised  for  that  purpose  may  be  mis- 
applied, that  will  divert  you  from  thinking  of  it  without 
delay. 


i  May  16th,  the  Assembly  presented  to  the  Governor  an  address  proposing 
a  joint  committee  of  the  two  houses  to  prepare  an  address  to  the  King, 
congratulating  him  on  his  deliverance  from  the  recent  conspiracy.  A  com- 
mittee was  accordingly  appointed,  and  an  address  was  prepared  and  sent 
to  former  Governor  Hunter  to  be  presented  to  the  King. 


206  MESSAGES  FROM  THE  GOVERNOR. 

VThat  you  have  given  towards  encouraging  a  trade  with 
the  far  nations  of  Indians  has  been  frugally  employed,  and 
seems  to  have  had  a  very  happy  effect.  If  this  encourage- 
ment is  continued,  and  the  pernicious  trade  to  Canada  can 
be  effectually  prevented,  the  beginnings  that  are  already 
made  to  bring  that  trade  into  a  right  channel  can  scarce 
fail  of  coming  to  perfection. 

I  need  only  remind  you  of  the  deficiency  that  there  is  in 
the  revenue;  the  chief  causes  of  it  you  were  fully  informed 
of  at  your  last  meeting,  and  I  depend  on  it  that  your  justice 
and  humanity  to  the  inferior  officers  will  induce  you  to 
provide  for  it  in  so  ample  a  manner,  that  the  treasury  may 
be  put  in  advance  sufficiently  to  pay  warrants  when  they 
become  due,  which  I  am  informed  has  been  the  practice 
formerly. 2 

I  shall  be  very  glad  to  join  with  you  in  any  laws  that  can 
be  thought  of  for  the  public  benefit,  for  as  I  cannot  bear 
the  thoughts  of  anything  against  your  interest,  so  I  shall 
not  be  easy  if  I  omit  anything  that  lies  in  my  power  to 
promote  it. 

W.  BURNET. 

SPECIAL  MESSAGES. 

June  6.  Transmitting  a  communication  received  by  the 
Commissioners  of  Indian  Affairs  at  Albany  from  Law- 
rence Claesen,  Indian  interpreter,  who  had  been  sent  by 
the  Governor  to  the  Five  Nations  of  Indians  to  invite  them 
to  Albany  to  treat  with  commissioners  from  Boston. 

June  13.  Transmitting  a  letter  from  Governor  Salton- 
stall  of  Connecticut  relative  to  an  act  of  Assembly  of  that 
Province,  providing  for  establishing  the  boundary  line  be- 
tween Connecticut  and  New  York ;  also  ' '  the  minutes  of 
the  Commissioners  of  Indian  Affairs  at  Albany  of  the  29th 


2  Provision  for  additional  public  revenue  was  made  by  an  act,  chap.  437, 
passed  July  6th,  which  also  was  intended  to  encourage  trade  with  the  Indians. 


I 

WILLIAM  BURNET,  1724.  207 

of  May  last,  concerning  the  far  nations  of  Indians,  who 
are  come  to  trade  at  Albany,  to  the  number  of  eighty  per- 
sons, besides  women  and  children;"  and  also  a  statement 
of  warrants,  issued  that  day  and  payable  from  public 
revenues.  t 

July  2.  Transmitting  a  communication  from  Albany, 
but  its  contents  were  not  disclosed  by  the  record. 

July  6.  Transmitting  a  communication  from  the  alder- 
men of  Albany. 

July  6.  The  Assembly  was  adjourned  to  the  first  Tues- 
day in  October. 


1724.    MAY.     SEVENTEENTH  ASSEMBLY,  THIRTEENTH  SESSION. 


WILLIAM  BURNET,  Governor. 

This  session,  after  several  adjournments,  opened  May 
12,  and  on  the  15th  the  Governor  delivered  the  following 


OPENING  SPEECH. 

GENTLEMEN. —  The  hearty  zeal  which  you  have  always 
shown  for  his  Majesty's  government,  and  your  just  concern 
for  the  welfare  of  Great  Britain,  on  which  your  own  safety 
and  happiness  depends,  makes  this  opportunity  very  agree- 
able to  me  of  rejoicing  with  you  at  the  present  happy 
posture  of  affairs  at  home  and  the  unparalleled  glory  his 
Majesty  has  gained  abroad  by  fixing  the  peace  and  tran- 
quility  of  Europe  on  such  lasting  foundations  as  humanly 
speaking  cannot  easily  be  shaken. 

The  wisdom  of  a  British  Parliament  has  been  very  emi- 
nent upon  this  occasion ;  they  have  not  slackened  their  care 
in  securing  the  nation  from  danger  or  surprise,  and  they 
have  employed  a  time  of  plenty,  wealth  and  quiet  in  pro- 
viding for  an  easy  and  effectual  payment  of  the  public 
debts. 


208  MESSAGES  FROM  THE  GOVERNOR. 

It  is  with  pleasure  I  recommend  to  you  so  great  an 
example,  since  as  I  am  sure  you  approve  and  admire  it,  I 
have  reason  to  expect  you  will  imitate  it  in  your  own 
measures  for  maintaining  the  defence  and  credit  of  this 
Province. 

When  you  are  informed  of  the  ruinous  condition  of  the 
buildings  of  this  fort,  which  is  the  only  strength  of  the 
town  and  harbor,  you  will  agree  with  me  that  an  immediate 
and  sufficient  provision  to  repair  it  is  the  most  frugal 
method  to  go  about  so  necessary  a  work.  What  you  have 
formerly  provided  has  been  fully  employed  by  me  for  that 
service,  and  I  will  order  an  estimate  of  the  extraordinary 
repairs  now  wanting  to  be  laid  before  you. 

The  great  arrears  due  on  the  support  of  government  are 
a  great  hardship  and  discouragement  to  the  officers,  which 
I  believe  you  will  not  think  they  deserve.  I  must,  there- 
fore, earnestly  recommend  it  to  you  to  make  an  effectual 
provision  for  all  the  incumbrances  remaining  on  the  rev- 
enue, and  to  supply  the  treasurer  so  amply  that  for  the 
future  warrants  may  be  paid  punctually  as  they  become 
due.1 

I  have  the  satisfaction  to  acquaint  you  that  his  Majesty 
has  given  his  royal  approbation  by  an  order  in  Council  to 
an  act  for  running  and  ascertaining  the  lines  of  partition 
and  division  between  this  colony  and  the  colony  of  Con- 
necticut. 

I  must  observe  to  you  that  this  had  not  been  obtained 
without  much  opposition  from  the  agent  for  the  colony  of 
Connecticut,  and  after  two  hearings,  one  before  the  Lords 
of  Trade,  and  the  other  before  a  Committee  of  the  Privy 
Council,  who  reported  to  his  Majesty  in  favor  of  the  act. 

The  usefulness  of  having  agents  constantly  at  home  may 
appear  very  plainly  to  you  upon  this  occasion,  and  I  wish 


l  A  general  revenue  law  was  passed  July  24th,  chap.  447.  It  made  various 
appropriations,  and  included  provisions  for  the  repair  of  the  fort  at  New 
York  and  for  promoting  trade  with  the  Indians. 


I 

WILLIAM  BURNET,  1724.  209 

I  was  not  obliged  to  remind  you  to  make  good  your  encour- 
agement for  the  time  past  and  that  account,  as  I  am  confi- 
dent you  will  judge  it  necessary  to  continue  the  like  encour- 
agement for  the  future,  and  what  you  have  still  depending, 
and  what  you  shall  have  from  time  to  time  may  not  suffer 
for  want  of  care  and  attendance  which  the  business  re- 
quires, and  without  which  the  misrepresentation  of  persons 
may  gain  credit  to  the  prejudice  of  your  proceedings. 

When  I  send  you  a  copy  of  his  Majesty's  order  in  Coun- 
cil, I  will  at  the  same  time  send  you  copies  of  all  the  papers 
that  passed  at  a  state  meeting  between  the  commissioners 
from  this  Province  and  commissioners  for  Connecticut, 
from  whence  the  latter  thought  fit  to  withdraw  very  unex- 
pectedly, that  you  may  consider  what  further  measures  to 
take  to  bring  this  affair  to  a  conclusion. 

1  believe  you  are  very  sensible  of  the  good  effect  of  the 
laws  to  prevent  the  trade  for  Indian  goods  to  Canada.    The 
number  of  remote  Indians  who  came  to  trade  at  Albany 
last  summer  was  a  beginning  of  those  happy  consequences 
which  you  had  in  view,  and  there  is  reason  to  expect  a 
greater  number  of  those  Indians  at  this  time,  unless  the 
French  use  violence  to  prevent  them,  and  in  that  case  I 
am  sure  there  will  not  only  be  more  reason  than  ever  to 
continue  those  laws,  but  indeed  it  will  become  necessary  to 
forbid  all  manner  of  correspondence  with  Canada,  if  they 
attempt  to  deprive  you  of  the  right  which  the  treaty  be- 
tween Great  Britain  and  France  gives  you  of  trading  with 
all  the  Indians  on  the  continent  of  America,  who  are  not 
to  be  hindered  or  molested  in  their  way  to  and  from  any 
of  the  British  colonies  on  account  of  trade.2 

This  matter  is  of  such  consequence  that  I  hope  you  will 
omit  no  measure  that  may  be  takfcn  to  increase  our  trade 
with  the  far  nations,*  and  prevent  any  persons  from  con- 

2  An  act,  chap.  449,  was  passed  July  24th,  continuing  an  act  prohibiting 
the  selling  of  Indian  goods  to  the  French, 

•  See  note  1. 

14 


210  MESSAGES  FROM  THE  GOVERNOR. 

tinning  to  serve  the  French  interests  for  their  own  private 
gain  to  the  manifest  detriment  of  the  public  interest  and 
safety,  and  at  the  same  time  I  am  confident  you  will  think 
that  all  proper  methods  should  be  provided  for  that  may 
encourage  the  Five  Nations  to  remain  firm  to  us  and  to 
prevent  the  unwearied  endeavors  the  French  use  to  seduce 
them. 

I  have  received  an  additional  instruction  from  his 
Majesty  concerning  private  acts,  of  which  I  will  send  you 
a  copy. 

If  any  laws  are  thought  requisite  by  you  for  the  public 
good,  I  shall  always  continue  my  readiness  to  join  with  you 
in  everything  consistent  with  my  duty  and  your  happiness. 

W.  BURNET. 

SPECIAL  MESSAGES. 

May  18.  Transmitting  the  following  additional  instruc- 
tion received  by  the  Governor  relative  to  private  laws: 

"We  do  hereby  in  his  Majesty's  name,  direct  and  re- 
quire, that  you  do  not  give  your  assent  to  any  private  act, 
until  proof  be  made  before  you  in  Council  (and  entered  in 
the  Council  Book)  that  public  notification  was  made  of  the 
party's  intention  to  apply  for  such  act,  in  the  several  parish 
churches,  where  the  premises  in  question  lie,  for  three  Sun- 
days at  least  successively,  before  any  such  act  shall  be 
brought  into  Assembly;  and  further  you  are  to  take  care, 
that  for  the  future,  you  do  not  pass  any  private  act,  with- 
out a  clause  inserted  therein,  suspending  the  execution  of 
such  act,  until  his  Majesty's  royal  approbation  shall  be  had 
thereof." 

Also  transmitting  papers  relating  to  the  boundary  line 
between  New  York  and  Connecticut. 

May  19.  Presenting  a  statement  of  the  estimated  ex- 
pense needed  for  the  repair  of  the  fort  at  New  York.  (See 
note  1.) 


WILLIAM  BURNET,  1725.  211 

June  30.  Presenting  a  memorial  from  Lawrence 
Claesen,  Indian  interpreter,  requesting  an  increase  of  his 
salary  to  eighty  pounds  per  annum  and  offering  to  take 
under  * '  his  tuition  such  young  men  as  his  Excellency 
should  approve  of,  to  instruct  in  the  Mohawk's  language." 
The  Assembly  voted  to  increase  the  salary  to  sixty  pounds. 

July  22.  A  joint  committee  was  appointed  to  examine 
and  compare  the  acts  passed  by  the  third,  fourth  and  fifth 
sessions  of  the  Assembly  under  the  present  administration. 

July  24.  Advising  the  Assembly  of  the  King's  veto  of 
the  two  per  cent  import  bill. 

July  24.  The  Assembly  was  adjourned  to  the  first  Tues- 
day in  October. 


1725.     AUGUST.     SEVENTEENTH  ASSEMBLY,  FOURTEENTH  SESSION. 


WILLIAM   BURNET,   Governor. 

After  several  adjournments,  sixteen  members  met  on  the 
31st  of  August  and  chose  a  Speaker.  On  the  15th  of  Sep- 
tember the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  I  cannot  but  look  back  with  pleasure  on 
your  conduct  ever  since  I  have  had  the  happiness  to  be 
among  you. 

Your  readiness  to  support  the  government  in  an  honor- 
able manner,  your  repeated  endeavors  to  prevent  the 
growth  of  the  French  power  and  to  strengthen  the  British 
interest  among  the  Indians,  and  your  seasonable  supplies 
for  the  repairs  of  his  Majesty's  forts,  will  always  be  re- 
membered to  the  honor  to  this  Assembly.  If  you  have 
sometimes  met  with  opposition,  it  has  had  little  other  effect 
than  to  justify  your  proceedings.  A  late  instance  of  this 


212  MESSAGES  FROM  THE  GOVERNOR. 

kind  has  appeared  in  the  unwearied,  and  I  wish  I  could  not 
say  indirect,  methods  taken  by  the  merchants  to  defeat 
your  acts  against  the  trade  with  Canada,  but  by  the  dili- 
gence and  ability  of  your  agents  the  justice  of  your  laws 
has  been  so  well  represented  that  the  success  has  been  in 
your  favor. 

It  is  now  more  and  more  evident  every  year  of  how  great 
advantage  these  laws  have  been  to  the  trade  and  security 
of  this  Province. 

The  quantity  of  peltry  brought  from  the  country  of  the 
Five  Nations  during  this  summer  has  far  exceeded  our 
expectations,  and  is  more  than  what  used  to  come  from 
Canada ;  and  the  far  Indians  from  the  lakes  have,  as  I  am 
informed,  all  stopped  at  our  trading  places,  and  none  of 
them  proceeded  to  Montreal  as  they  used  to  do.  I  am  con- 
fident that  surprising  success  and  good  effect  of  this  new 
trade,  and  the  applause  it  has  met  with  in  Great  Britain 
will  engage  you  to  take  effectual  measures  to  encourage  it 
by  renewing  and  enforcing  the  prohibition  of  that  per- 
nicious trade  of  Indian  goods  to  Canada,  and  by  providing 
amply  for  the  charges  necessary  to  keep  the  Indians  faith- 
ful to  us.1  To  this  end  it  will  be  requisite  that  some  fit 
persons  be  appointed  constantly  to  reside  among  the  Onon- 
dagas  as  well  as  the  Sinnekas  (Senecas),  who  may  be 
always  ready  to  defeat  the  acts  which  the  French  indus- 
triously employ  to  seduce  those  Indians.  I  have  begun 
with  this  subject  and  dwelt  the  longer  upon  it  because  it 
highly  concerns  your  safety. 

The  revenue  for  the  support  of  this  government  is  near 
its  expiration.  I  depend  on  your  own  observation  and  ex- 
perience to  plead  with  you  for  as  ample  and  extensive  pro- 
vision for  the  time  to  come.2 


1  An  act,  chap.  465.  was  passed  November  10th  to  revive  and  continue  several 
acts  intended  to  restrict  trade  with  the  French. 

2  See  the  Governor's  speech  of  October  27th.     An  act,  chap.  464,   passed 
November   10th,   continued  in   force   a   large   amount   represented  by  bills  of 
credit,  which  by  earlier  acts  were  to  be  "  sunk  and  destroyed." 


WILLIAM  BUENET,  1725.  213 

Where  actions  ought  to  speak,  words  should  not  be 
offered.  I  shall  only  recommend  the  officers  of  the  gov- 
ernment to  your  care,  who  in  doing  their  duty  are  often 
liable  to  private  resentments,  and  are,  on  that  account 
entitled  to  protection  as  well  as  subsistence  from  the  legis- 
lature, and  without  a  sufficient  number  of  officers,  the 
administration  cannot  be  carried  on  and  the  laws  might 
lose  their  force. 

The  provision  you  have  already  made  for  renewing  the 
decayed  buildings  of  the  fort,  will  I  believe  appear  to  you 
to  have  been  frugally  and  effectually  employed,  and  I  de- 
pend on  your  coming  to  a  resolution  that  so  good  a  design 
shall  not  fail  of  what  is  still  wanting  to  complete  it. 

I  can  acquaint  you  with  a  further  instance  besides  what 
I  have  mentioned  of  the  diligence  of  your  agents  in  the 
service  of  the  Province,  and  particularly  for  the  benefit  of 
this  city,  and  that  is,  the  soliciting  by  my  directions  the 
east  end  of  Long  Island  to  be  restored  to  the  district  of 
the  Collector  of  New  York. 

You  cannot  desire  more  convincing  proofs  of  the  useful- 
ness of  having  such  agents,  and  therefore  I  rely  on  your 
making  good  your  former  engagements  to  them,  and  on 
your  giving  them  marks  of  your  esteem  and  confidence  in 
continuing  their  appointment  for  a  longer  term  than  you 
have  hitherto  done,  and  providing  suitably  for  their  pay- 
ment. 

I  have  now  gone  through  the  several  particulars  which 
I  had  to  lay  before  you,  and  I  shall  only  add  this  general 
consideration  to  enforce  them  all:  that  at  this  time  the 
happy  agreement  that  has  always  subsisted  between  his 
Majesty  and  his  Parliament  ever  since  his  accession  to  the 
Crown  is  the  admiration  of  all  Europe,  and  the  glory  of  the 
British  nation.  I  am  persuaded  you  will  do  your  part  in 
following  so  great  an  example,  and  that  you  will  regard 
what  I  propose  to  you  only  as  it  tends  to  his  Majesty's 
service. 

WILLIAM  BUBNET. 


214  MESSAGES  FROM  THE  GOVERNOR. 


SPECIAL  MESSAGES. 

August  31.  Approving  the  choice  of  a  Speaker,  and 
urging  immediate  measures  to  procure  the  attendance  of 
absent  members. 

September  13.  Stephen  De  Lancey  having  been  elected 
to  the  Assembly  from  New  York  to  fill  a  vacancy,  a  ques- 
tion arose  as  to  his  qualification  to  sit  as  a  member.  The 
Governor  when  requested  to  administer  the  oaths  to  Mr. 
De  Lancey,  suggested  a  doubt  as  to  his  eligibility  on  the 
ground  that  he  was  not  a  British  subject.  Mr.  De  Lancey 
produced  a  certificate  of  denization  in  England,  and  a  simi- 
lar certificate  from  Governor  Dongan  issued  in  1686,  and 
also  proved  that  he  had  sat  in  several  New  York  Assem- 
blies. The  question  was  referred  to  the  Chief  Justice,  who 
rendered  a  long  opinion  practically  sustaining  Mr.  De 
Lancey 's  claim.  The  Assembly  adopted  a  resolution  de- 
claring him  entitled  to  sit  as  a  member.  September  21,  the 
Governor  administered  the  oaths  to  Mr.  De  Lancey,  and 
he  took  his  seat  in  the  Assembly. 

September  21.  Transmitting  the  Chief  Justice's  opin- 
ion in  De  Lancey 's  case,  and  also  an  extract  of  a  letter 
from  Mr.  Le  Heup,  and  a  letter  from  the  Commissioners 
of  Indian  Affairs  in  Albany. 

September  22.  Transmitting  a  list  signed  by  Philip 
Livingston,  showing  "  the  several  persons  who  have  gone 
and  traded  with  the  far  nations  of  Indians  this  spring,  the 
number  of  canoes,  as  also  the  packs  of  beaver  and  deer 
skins  (besides  peltry),  brought  down,  amounting  to  57 
canoes,  and  738  bundles  of  beaver  and  deer  skins." 

October  5.  Advising  the  Assembly  that  he  had  no 
objection  to  an  act  for  the  relief  of  the  widow  of  Goose  Van 
Schaick.3 


3  A  recognizance  given  by  Goosen  Van  Schaick  was  discharged  by  an  act, 
chap.  466,  passed  November  10th. 


WILLIAM  BUBNET,  1725-  215 

October  8.  Transmitting  papers  relating  to  the  Con- 
necticut boundary  line. 

October  27.  In  response  to  the  Governor's  command 
the  Assembly  met  in  the  Council  Chamber  at  the  Fort.  The 
Governor  delivered  a  speech,  in  which  he  said : 

"  I  have  put  an  end  to  the  last  session,  that  I  might  have 
a  fresh  opportunity  of  recommending  to  you,  to  provide  as 
honorable  and  ample  a  supply  for  the  support  of  this  Gov- 
ernment, and  for  as  long  a  term  as  was  established  upon 
my  arrival. 

It  has  not  been  pretended  that  any  inconvenience  has 
arisen  from  the  confidence  you  then  expressed  in  the  admin- 
istration, and  therefore  I  cannot  in  duty  to  his  Majesty, 
and  in  justice  to  my  own  conduct,  agree  to  a  less  sufficient 
provision,  or  to  a  snorter  term. 

The  administration  of  justice  will  require  the  same 
encouragement,  and  the  collection  of  the  revenue  the  same 
officers;  without  such  necessary  precautions,  there  will  be 
great  deficiencies,  and  the  burthen  must  at  last  fall  upon 
the  land. 

If  there  are  any  laws  formerly  passed  in  this  Province, 
which  you  are  desirous  to  have  now  confirmed  by  his 
Majesty,  the  Agents  only  want  your  instructions  to  solicit 
for  them;  and  I  shall  very  readily  join  my  hearty  endeavors 
to  obtain  whatever  will  be  to  your  satisfaction." 

This  indicates  a  difference  of  opinion  between  the  Gov- 
ernor and  Assembly  as  to  revenue  measures. 

November  4.  The  Governor  expressed  his  willingness 
that  the  consideration  of  the  revenue  be  referred  to  the 
spring,  but  he  thought  immediate  consideration  should  be 
given  to  the  repairs  of  the  fort;  to  the  providing  for 
money  for  the  encouragement  of  persons  to  reside  this 
winter  among  the  Six  Nations  of  Indians;  to  the  payment 
of  amounts  due  to  the  agents,  and  the  appointment  of  an 
agent  for  the  time  to  come.  The  Governor  informed  the 
Assembly  that  Mr.  Bamfield,  the  Colony's  agent,  had  with- 
drawn from  London,  and  Peter  Le  Heup  was  suggested  for 
appointment  as  sole  agent  of  the  colony. 


216  MESSAGES  FROM  THE  GOVERNOR. 

The  same  day  the  Assembly  adopted  a  resolution  post- 
poning consideration  of  revenue  matters  until  the  next 
session.  Other  subjects  referred  to  in  the  Governor's 
communication  were  also  postponed  until  the  next  session, 
at  which  time  an  act  was  passed,  June  17,  1726,  for  the 
payment  of  amounts  due  to  agents,  the  completion  of  Fort 
George,  and  making  a  loan  and  imposing  a  tax  for  these 
and  other  purposes. 

November  10.  The  Assembly  was  adjourned  to  the 
second  Tuesday  in  March,  1726. 


1726.     APRIL.     SEVENTEENTH  ASSEMBLY,  FIFTEENTH  SESSION. 


WILLIAM   BURNET,   Governor. 

The  second  Tuesday  in  March  had  been  fixed  as  the  date 
for  the  opening  of  the  spring  session,  but  the  Assembly 
did  not  meet  until  the  5th  of  April.  On  the  6th,  the  Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. — I  can  never  begin  with  a  subject  more 
worthy  of  your  attention  than  the  admirable  effects  of  the 
uninterrupted  harmony  that  subsists  between  our  most 
gracious  sovereign  and  his  parliament.  Our  enemies  have 
had  no  other  hopes  but  from  their  unwearied  artifices  and 
even  popular  pretences  to  weaken  this  mutual  confidence, 
but  without  effect,  and  this  happy  union  it  is  that  renders 
Great  Britain  a  pattern  to  all  Europe  in  time  of  peace  and 
lodges  the  balance  of  power  in  its  hands  in  case  of  a  war. 

Though  you  cannot  equal  his  Majesty's  subjects  at  home 
in  ability  to  serve  him,  yet  I  am  persuaded  that  you  will 
not  yield  to  any  in  loyalty  and  inclination. 

The  great  and  constant  charge  at  which  Great  Britain 
maintains  forces  for  the  defence  of  this  province  in  a  more 


WILLIAM  BURNET,  1726.  217 

eminent  manner  than  any  of  the  neighboring  provinces 
partake  of,  as  it  is  a  very  distinguishing  mark  of  his 
Majesty's  royal  care,  so  it  calls  upon  you  to  make  the  most 
natural  returns  for  so  singular  a  favor  by,  providing  honor- 
ably and  amply  for  the  support  of  his  government  here, 
and  since  the  sums  which  you  have  usually  raised  for  that 
purpose  have  not  amounted  to  anything  near  to  so  much 
as  those  issued  from  Great  Britain  for  your  security,  it 
should  induce  you  rather  to  think  of  increasing  than  lessen- 
ing your  supply,  and  rather  of  extending  than  of  shorten- 
ing the  tune  of  its  continuance ;  and  as  no  occasion  has  been 
given  to  alter  your  former  good  opinion  of  the  administra- 
tion, I  have  reason  to  depend  on  your  providing  in  the 
most  hearty  and  effectual  manner  for  the  support  of  it  in 
all  its  branches.1 

I  wish  I  could  say  the  laws  for  promoting  a  trade  with 
the  far  Indians  and  prohibiting  it  with  Canada  had  been  as 
duly  executed  as  they  were  well  intended,  and  I  leave  it  to 
your  consideration  whether  a  method  less  severe  may  not 
be  more  effectual. 

The  great  success  we  have  already  had  in  the  trade  upon 
the  river  of  Onondaga,  and  the  noble  spirit  that  animates 
the  people  to  go  on  with  it,  gives  us  encouragement  to  leave 
no  means  untried  to  establish  and  increase  it. 

The  only  danger  we  have  to  apprehend  is  from  the  un- 
wearied artifices  of  the  inhabitants  of  Canada  among  our 
Indians  to  alienate  their  affections,  and  particularly  to  in- 
terrupt this  trade,  which  has  put  them  in  great  consterna- 
tion, because  it  is  so  sure  a  means  to  strengthen  our  in- 
terest and  to  weaken  theirs  with  all  the  nations  of  North 
America. 

I  am  sorry  to  inform  you  that  they  have  taken  great 
advantage  this  winter  of  the  want  of  proper  persons  from 
this  government  residing  among  the  Onondagas  and  Sin- 

*  June  17th  a  revenue  act,  chap.  467,  was  passed  to  continue  in  force 
three  years. 


218  MESSAGES  FROM  THE  GOVERNOR. 

necas  [Senecas],  and  have  instilled  groundless  fears  into 
the  minds  of  the  Five  Nations  of  dangers  that  may  arise  to 
them  by  this  open  trade  with  the  far  Indians,  which  I  have 
done  my  utmost  endeavor  to  remove,  but  I  am  convinced 
that  the  most  effectual  means  to  keep  them  steady  will  be 
your  enabling  me  to  maintain  a  sufficient  number  of  fit  per- 
sons constantly  among  them  as  I  have  formerly  done  with 
good  success.2 

If  I  am  earnest  with  you  on  this  head,  it  is  your  safety 
and  that  of  your  posterity  that  makes  me  so;  all  that  I 
desire  of  you  is  not  to  be  wanting  to  yourselves.  Your 
agent,  who  is  ever  watchful  in  what  relates  to  your  interest, 
has  acquainted  me  by  the  first  opportunity  he  had  that 
some  application  had  been  made  at  home  to  your  disadvan- 
tage, which  I  will  communicate  to  you. 

This  with  many  other  instances  of  his  ability  and  dili- 
gence will  I  doubt  not  confirm  you  in  the  resolution  taken 
in  your  last  sessions  upon  that  head.3 

I  have  received  a  letter  from  the  Governor  of  Connecticut 
about  finishing  the  partition  line,  which  I  will  lay  before 
you  that  you  make  provision  for  so  necessary  a  work. 

I  need  now  only  remind  you  that  the  repairs  of  the  build- 
ing in  the  fort  stand  in  need  of  your  immediate  care  that 
the  season  proper  to  finish  them  may  not  be  lost.* 

I  have  no  greater  pleasure  than  in  contributing  to  the 
public  service,  and  if  there  are  any  new  laws  wanting  to 
that  end,  or  any  former  laws  that  you  are  desirous  to  have 
recommended  for  his  Majesty's  confirmation,  you  may  de- 
pend on  my  readiness  and  zeal  to  join  with  you  in  that  or 
anything  else  that  can  make  this  Province  happy  and 
flourishing. 

W.  SUBNET. 


2  A  new  act  relating  to  trade  with  the  Indians  was  passed  June  17th,  chap. 
469. 

3  An  act,  chap.  468,  passed  June  17th,  provided  for  discharging  the  claima 
of  the  agent. 

4  An  act,  chap.  468,  passed  June  17th,  provided   for  completing  the  build- 
ings in  Fort  George. 


WILLIAM  BURNET,  1726.  219 


SPECIAL  MESSAGES. 

April  6.  Transmitting  a  copy  of  a  letter  from  Mr.  Le 
Heup,  from  which  it  appeared  that  thp  government  of 
Boston  had  presented  an  address  to  the  King  desiring  that 
* '  New  York  be  required  to  send  a  quota  of  men  and  money 
to  their  assistance,  in  their  war  with  the  Eastern  Indians;  " 
also  a  copy  of  a  letter  from  the  Governor  of  Connecticut 
relative  to  the  boundary  lins  between  that  colony  and  New 
York;  and  copies  of  papers  relating  to  Indian  affairs. 

April  8.  Approving  an  adjournment  of  the  Assembly 
over  the  Easter  holidays. 

April  15.  Transmitting  an  extract  from  a  letter  re- 
ceived from  Sir  William  Keith,  Governor  of  Pennsylvania 
11  desiring  to  know  whether  this  government  will  join  in 
the  charge  and  solicitation,  that  foreign  European  salt  may 
be  imported  in  that  and  this  Province,  as  well  as  in  New 
England." 

April  15.  Thanking  the  Assembly  for  its  address,  and 
contradicting  a  report  in  circulation  that  the  money  to  be 
raised  for  the  support  of  government  was  to  be  applied  to 
the  Governor's  private  use,  and  in  case  of  his  death  or 
removal  to  go  to  his  executors. 

May  4.  Transmitting  several  communications  relating 
to  Indian  affairs. 

June  7.  Relative  to  a  joint  committee  to  compare  and 
examine  laws  passed  at  several  sessions  during  the  Gover- 
nor's administration. 

June  17.  Transmitting  letters  from  Abraham  Schuyler, 
agent  among  the  Five  Nations;  also  another  from  the  In- 
dian commissioners. 

June  17.  The  Assembly  was  adjourned  to  the  last  Tues- 
day in  September. 


220  MESSAGES  FROM  THE  GOVERNOR. 

1726.   SEPTEMBER.    EIGHTEENTH  ASSEMBLY,  FIRST  SESSION. 


WILLIAM   BURNET,  Governor. 

The  Seventeenth  Assembly  had  been  adjourned  to  the 
27th  of  September,  1726,  but  on  the  10th  of  August  it  was 
dissolved  by  the  Governor's  proclamation.  Governor  Bur- 
net  in  a  letter  to  the  Lords  of  Trade  dated  October  14, 
1726,  says  of  this  dissolution  that  the  Assembly  had  not 
"  granted  his  Majesty's  revenue  in  so  ample  and  honorable 
manner  as  they  had  done  formerly.  Besides  they  had  sub- 
sisted during  the  term  of  eleven  years,  and  I  found  it  would 
highly  please  the  people  to  have  a  new  choice  which  has 
accordingly  been  made. ' ' 

On  the  llth  of  August  writs  of  election  were  ordered  is- 
sued, returnable  in  forty  days  (September  21),  but  the 
Assembly  was  twice  prorogued  and  did  not  meet  until  the 
27th,  which  was  the  same  day  fixed  by  adjournment  for  the 
meeting  of  the  last  Assembly.  On  that  day  the  Governor 
delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  The  choice  which  the  people  of  this  Prov- 
ince have  so  lately  made  of  you  to  represent  them  gives 
me  a  fresh  opportunity  of  knowing  their  sentiments  and  in- 
clinations. I  have  always  endeavored  to  promote  their 
interest  to  -the  utmost  of  my  ability,  and  it  will  add  to  my 
satisfaction  to  do  it  in  the  manner  which  they  themselves 
desire. 

When  you  inquire  into  the  state  of  the  present  revenue, 
I  believe  you  will  find  it  insufficient  to  answer  the  usual  ex- 
pense for  the  support  of  the  government,  and  considering 
the  flourishing  and  increasing  condition  of  the  colony,  it 
would  be  to  its  dishonor  as  well  as  disadvantage  to  lessen 


WILLIAM  BURNET,  1726.  221 

the  encouragement  that  has  been  given  to  the  necessary 
officers  of  the  government.  I  depend  on  your  readiness  to 
supply  this  deficiency  which  will  be  the  most  solid  and  con- 
vincing proof  of  your  gratitude  to  the  best  of  Kings,  who 
has  shown  during  the  whole  course  of  nis  reign  that  the 
constant  employment  of  his  thoughts  and  the  most  earnest 
wishes  of  his  heart  tend  wholly  to  the  securing  to  his  sub- 
jects their  just  rights  and  advantages.  You  need  not  fear 
that  any  of  his  servants  will  dare  to  abuse  the  confidence 
reposed  in  them  when  they  must  expect  that  their  great 
neglect  of  duty  or  abuse  of  trust  will  draw  upon  them  his 
just  displeasure.1 

You  will  find  that  the  supply  last  provided  for  finishing 
the  new  apartments  in  the  fort  of  New  York  has  been  em- 
ployed with  the  utmost  frugality,  and  I  hope  that  by  the 


i  October  13th  the  Assembly  presented  to  the  Governor  an  address  relating 
to  revenue,  in  which,  after  stating  that  the  subject  of  colonial  finances  had 
been  carefully  examined,  the  opinion  is  expressed  that  "  the  said  duties  and 
the  taxes  laid  by  the  act  for  the  support  of  government,  during  the  term 
of  three  years,  will  fully  answer  to  discharge  all  the  salaries  of  the  necessary 
officers,  and  all  contingent  charges  and  services  of  the  government,  as  the 
same  were  resolved  to  be  provided  for,  by  the  la'te  General  Assembly."  "And 
we  humbly  beg  leave  to  assure  your  Excellency,  that  if  the  said  duties  and 
taxes  should  happen  to  prove  insufficient  to  discharge  the  salaries  and  services 
aforesaid,  the  General  Assembly  will  cheerfully  find  out  ways  and  means, 
effectually  to  make  good  such  deficiency,  and  they  conceive  on  the  other 
hand,  that  if  it  should  exceed,  such  surplus  ought  to  remain  in  the  treasury, 
towards  support  of  Government  after  the  expiration  of  the  said  three  years." 

The  Assembly  also  expressed  the  opinion  that  the  several  salaries,  con- 
tingencies and  services  resolved  upon  by  the  last  Assembly  at  its  last  session 
"  are  ample  and  sufficient,  and  that  no  augmentation  ought  to  be  made  thereto, 
nor  any  alteration  therein  during  the  aforesaid  three  years,"  and  requested 
the  Governor  not  to  issue  warrants  for  any  increased  amounts.  The  Governor 
replied  to  this  address  that  it  being  of  an  extraordinary  nature,  he  intended 
to  lay  it  before 'the  Council  for  advice.  October  21st  the  Council  reported, 
reciting  previous  action  by  the  Assembly,  and  expressing  the  opinion  that 
the  Governor  "  is  not  and  cannot  be  restrained  by  any  votes  or  resolves  of 
the  Assembly  "  in  executing  the  powers  conferred  on  him  by  his  Commission 
and  confirmed  by  the  revenue  law.  The  Council  also  say  that  fixing  the 
number  and  compensation  of  officers  "  nearly  concerns  his  Majesty's  preroga- 
tive" and  that  any  assumption  of  authority  over  these  matters  by  the 
Assembly  may  in  time  encroach  upon  that  prerogative. 


222  MESSAGES  FKOM  THE  GOVERNOR. 

same  management  the  repairs  of  the  roof  of  the  chapel  and 
the  barracks,  which  are  in  a  condition  entirely  ruinous,  will 
require  no  very  large  sum,  though«it  is  plain  that  the  charge 
of  doing  it  will  increase  considerably  if  it  is  delayed  any 
longer  than  the  next  spring,  which  obliges  me  to  recom- 
mend it  to  your  care  at  present,  that  provision  may  be 
made  for  so  pressing  and  necessary  a  work.2 

I  must  remind  you  that  your  agent  continues  his  watch- 
fulness and  diligence  over  the  interest  of  the  country, 
though  he  has  remained  a  long  time  without  any  allowance. 
So  generous  a  conduct  on  his  part  will  not  fail  of  engaging 
you  to  take  care  that  his  past  services  may  not  go  un- 
rewarded, and  that  so  useful  a  person  may  be  fixed  in  your 
service  and  a  settled  provision  made  for  his  encourage- 
ment.3 

I  shall  lay  before  you  my  late  conferences  with  the  Six 
Nations,  in  which  I  flatter  myself  that  I  have  contributed 
not  a  little  to  fix  them  in  their  duty  to  his  Majesty,  their 
affection  to  this  government,  and  their  just  apprehensions 
of  the  ill  designs  of  the  people  of  Canada  in  fortifying  so 
near  to  them  at  lagara  [Niagara].  I  have  sent  a  fit  per- 
son to  reside  among  the  Sinnekes  [Senecas]  this  winter, 
who  is  not  permitted  to  trade,  and  will  thereby  have  the 
more  weight  and  credit  with  them.  I  doubt  not  of  your 
joining  with  me  in  taking  such,  farther  measures  as  are 
necessary  to  make  the  Six  Nations  remain  an  effectual 
security  to  our  frontier.  The  indefatigable  endeavors  of 
the  French  to  employ  all  possible  methods,  whether  of  art 
or  force,  to  make  themselves  masters  of  those  nations, 
show  what  opinion  they  have  of  their  importance,  and  their 
diligence  calls  upon  us  to  lose  no  time  and  spare  no  cost  in 


2  November  10th,  the  Assembly  appointed  a  committee  to  take  charge  of 
the  repairs  to  the  chapel  and  barracks  in  Fort  George. 

8  An  act,  chap.  498,  providing  for  an  agent  of  the  colony  at  the  court  of 
Great  Britain  was  passed  November  llth.  See  ante  p.  218,  note  3,  for  act 
to  discharge  claims  of  colonial  agents. 


WILLIAM  BUENET,  1726.  223 

disappointing  such  dangerous  attempts  and  in  doing  every- 
thing that  may  conduce  to  our  safety  on  that  side. 

The  trade  on  the  Onondaga  Kiver  has  increased  consider- 
ably, and  by  the  best  inquiry  I  could  make,  more  of  the  far 
Indians  have  been  there  this  summer  than  ever  before,  but 
I  must  express  to  you  my  concern  at  the  disorderly  and 
fraudulent  conduct  of  some  of  our  own  people  at  that 
trading  place  who  have  used  many  of  the  Indians  in  an 
unjust  and  sometimes  in  a  violent  manner.  These  abuses, 
if  not  remedied  and  prevented  in  time,  may  give  such  a 
disgust  to  the  Indians  as  to  discourage  them  from  con- 
tinuing to  come  thither  on  account  of  trade,  and  thereby 
lose  the  good  effect  of  what  has  been  so  happily  begun, 
and  carried  on  with  so  much  success.  I  hope  you  will 
think  of  proper  expedients  to  cure  this  growing  evil,  and 
among  other  things  I  am  of  opinion  that  if  that  trade  be 
confined  to  a  certain  place,  and  a  fit  person  appointed  to 
reside  there  during  the  season,  with  power  to  receive  com- 
plaints from  the  Indians  and  redress  their  grievances,  and 
the  traders  obliged  to  be  determined  by  their  judgment, 
on  pain  of  being  fined  in  case  of  refusal,  it  might  go  a 
great  ways  to  answer  the  end  proposed.4  I  shall  very 
gladly  join  with  you  in  this  or  any  other  proper  measure 
to  increase  and  preserve  our  interest  with  the  far  nations, 
which  this  trade  will  undoubtedly  do  when  duly  regulated. 
You  may  depend  on  my  concurrence  to  the  utmost  of  my 
power  in  any  laws  that  you  shall  frame  for  the  public 
good,  and  in  my  hearty  endeavors  to  obtain  his  Majesty's 
confirmation  of  them,  and  of  as  many  of  the  laws  formerly 
enacted  as  you  shall  desire,  which  will  at  the  same  time 
require  the  continual  solicitation  of  your  agent  at  home. 

And  now,  Gentlemen,  I  have  mentioned  to  you  what 
particulars  I  had  to  recommend  for  the  public  service;  I 


*  Trade  at  Albany  with  the  Indians  was  regulated  by  an  act,  chap.  497, 
passed  November  llth.  Another  act,  chap.  499,  passed  the  same  day,  regu- 
lated and  secured  the  Indian  trade  to  the  westward  of  Albany. 


224  MESSAGES  FROM  THE  GOVERNOR. 

have  only  to  add  in  general,  that  I  hope  your  present  meet- 
ing will  be  an  eminent  instance  of  the  good  effects  of  an 
entire  confidence  between  the  several  branches  of  the  legis- 
lature; it  would  then  appear  in  the  clearest  light  that  an 
administration  is  never  so  strong  and  well  supported  as  by 
the  general  voice  of  the  people,  nor  the  people  ever  so  well 
secured  in  their  liberty  and  property  as  by  the  govern- 
ments being  enabled  to  see  the  laws  executed. 

W.  BUENET. 

SPECIAL  MESSAGES. 

September  29.  Acknowledging  an  address  from  the 
Assembly. 

October  17.  Transmitting  the  results  of  a  recent  con- 
ference with  the  Six  Nations  at  Albany. 

October  24.  Transmitting  a  copy  of  a  letter  from  the 
Governor  of  Connecticut  relating  to  the  boundary  line 
between  the  two  colonies. 

October  28.  Transmitting  a  petition  from  Anna  Dorothy 
Barclay  for  payment  of  a  claim  for  board  and  care  fur- 
nished to  Michael,  an  Indian.5 

November  11.  The  Assembly  was  adjourned  to  the 
third  Tuesday  in  March,  1727. 


1727.     SEPTEMBER.    NINETEENTH   ASSEMBLY,  FIRST   SESSION. 


WILLIAM   BURNET,  Governor. 

The  Eighteenth  Assembly  held  only  one  session,  at  the 
close  of  which  it  was  adjourned  to  the  third  Tuesday  in 
March,  1727.  It  was  continued  by  several  executive  ad- 
journments, the  last  of  which,  made  on  the  7th  of  August, 


5  The  Assembly  passed  a  resolution  November  10th,  declaring  that  the 
Barclay  claim  should  have  been  paid  by  the  Commissioners  of  Indian  Affairs 
at  Albany,  and  recommending  that  it  be  referred  to  them. 


WILLIAM  BUENET,  1727.  225 

was  to  the  first  Tuesday  of  September;  but  in  the  mean- 
time, on  the  12th  of  June,  1727,  occurred  the  death  of 
George  I,  who  was  succeeded  by  George  II,  whose  accession 
was  proclaimed  in  New  York  on  the  21st  of  August,  and 
on  the  same  day  writs  of  election  were  issued  for  a  new 
Assembly  to  meet  September  30.  The  Assembly  met  on 
that  d?y,  and  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  The  death  of  our  late  Sovereign  of  ever 
glorious  memory,  and  the  happy  accession  of  his  most 
excellent  Majesty,  have  already  filled  your  hearts  with  all 
that  dutiful  subjects  must  feel  upon  so  great  an  occasion, 
and  the  choice  which  the  people  have  at  this  time  made  of 
you  to  represent  them,  gives  you  an  early  opportunity  of 
expressing  their  loyal  sentiments  upon  it. 

You  find  that  I  have  lost  no  time  nor  spared  no  expense 
in  order  to  secure  the  Five  Nations  to  the  British  interest, 
by  making  a  settlement  of  some  strength  among  them  con- 
venient for  trade  with  the  far  Indians  as  well  as  themselves, 
and  by  supporting  it  in  such  a  manner  as  I  hope  with  your 
assistance  will  prevent  any  attempts  against  it.  The  con- 
sequence of  this  undertaking  cannot  appear  better  than  by 
the  great  uneasiness  it  has  given  to  the  French  who  seem 
apprehensive  that  the  unjustifiable  pretensions  and  en- 
croachments upon  our  Indians  and  their  endeavors  to  en- 
gross the  trade  with  all  the  far  nations  will  be  defeated  by 
it.  That  they  are  under  so  much  concern  you  will  plainly 
see  by  the  Governor  of  Canada's  summons  to  my  officer  at 
Oswego  to  abandon  it,  and  by  his  letter  delivered  to  me  by 
the  Governor  of  Trois  Elvers,  wherein  he  complains  of  the 
enterprise  in  the  strongest  terms,  which  papers  together 
with  my  answer  I  shall  lay  before  you. 

I  cannot  avoid  observing  to  you  that  the  fund  provided 
by  the  late  Assembly  for  this  service  has  not  in  any  ways 
15 


226  MESSAGES  FROM  THE  GOVERNOR. 

answered  the  greatness  of  the  charge,  nor  even  any  part 
worth  mentioning  of  what  it  was  intended  to  produce,  so 
that  the  whole  has  been  performed  at  my  own  expense,  or 
upon  my  private  credit,  and  this  burden  I  choose  to  take 
entirely  on  myself  rather  than  suffer  the  design  to  run  the 
risk  of  being  lost,  as  it  probably  would  do  by  the  the  least 
delay.  I  have  thus  engaged  myself  upon  a  full  confidence 
that  you  would  not  fail  to  provide  for  the  immediate  dis- 
charge of  a  debt  contracted  for  the  Province  when  its  safety 
required  it  in  the  most  pressing  manner.1  The  particulars 
shall  be  laid  before  you  as  far  the  accounts  are  completed, 
and  I  hope  you  will  make  a  large  allowance  for  what  is  not 
yet  brought  to  account,  and  make  full  provision  of  what 
shall  be  requisite  for  the  next  year  to  support  and  main- 
tain this  important  post. 

I  must  remind  you  of  the  inconveniences  which  arise 
from  the  limits  of  the  Province  being  undetermined.  This 
is  not  only  a  great  discouragement  to  its  being  well  peopled 
and  improved,  but  likewise  a  constant  occasion  of  quarrels 
with  our  neighbors.  Our  late  agreement  with  the  govern- 
ment of  Connecticut  has  indeed  put  a  stop  to»them  for  the 
present  on  that  side,  but  unless  you  make  provision  for 
completing  the  lines  to  be  run  in  consequence  of  it,  which 
that  province  has  made  repeated  application  to*  have  done, 
the  mischiefs  intended  to  be  prevented  by  that  agreement 
may  possibly  happen.  You  are  no  strangers  to  the  dif- 
ferences which  have  subsisted  for  some  years  between  the 
patentees  of  Westenhook  and  the  inhabitants  of  the  Prov- 
ince of  Massachusetts  Bay;  upon  the  application  of  those 
patentees  I  have  made  an  agreement  with  that  government 
to  abstain  on  both  sides  from  any  new  attempts  till  the 
lines  between  that  province  and  this  shall  be  run,  and  their 
Assembly  has  made  a  proposal  to  treat  with  this  govern- 


l  November  25th.  an  act,  chap.  500,  was  passed  relating  to  the  trading 
house  at  Oswego,  and  to  trade  with  the  Indians.  This  act  provided  for  reim- 
bursing the  Governor  for  expenses  incurred  by  him. 


WILLIAM  BURNET,  1727.  227 

ment  about  those  limits  and  have  named  commissioners  for 
that  purpose. 

I  shall  lay  their  resolves  before  you  that  you  may  take 
such  measures  on  that  head  as  you  shalj  think  expedient. 

There  has  been  so  much  already  done  to  beautify  and 
repair  the  buildings  in  the  fort  that  I  am  persuaded  you 
will  not  leave  that  work  imperfect.  The  soldiers'  barracks 
are  in  a  very  ruinous  condition  and  will  require  a  much 
greater  charge  if  what  is  necessary  to  keep  them  from  fall- 
ing be  not  done  without  delay.2 

I  have  lately  been  informed  of  disturbances  that  have 
happened  between  the  inhabitants  of  Orange  County  in 
this  Province  and  Hunterdon  County  in  New  Jersey,  which 
I  know  of  no  expedient  to  put  an  end  to,  but  by  completing 
the  division  line  on  that  side  which  will  require  a  sufficient 
provision  from  you.3 

I  have  the  satisfaction  to  inform  you  that  your  agent  has 
been  very  active  in  soliciting  the  affairs  of  this  Province, 
and  particularly  that  he  has  succeeded  in  obtaining  that 
pressing  instances  might  be  made  at  the  court  of  France 
against  the  stone  house  at  Niagara. 

You  cannot  but  be  sensible  that  his  vigilance  will  be  very 
requisite  to  prevent  any  misrepresentations  which  the 
French  may  make  of  our  building  at  Oswego,  as  well  as  to 
bring  the  other  matters  committed  to  his  care  to  a  happy 
conclusion,  and  therefore  I  make  no  question  of  your  con- 
tinuing to  give  him  all  suitable  encouragement.4 


2  A   resolution  was   adopted   November   24th,    reciting  the   expenditure   of 
upwards  of  two  thousand  six  hundred  and  twelve  pounds  for  the  repair  of 
buildings,  chapel  and  barracks  at  the  Fort,  and  expressing  the  opinion  that 
any  further  repairs  should  be  paid  for  out  of  the  two  hundred  pounds  allowed 
for  repairing  the  fortifications. 

3  November  24th,  the  Assembly  adopted  a  resolution  to  consider  the  boun- 
dary questions  at  the  next  session. 

*  November  24th,  the  Assembly  adopted  a  resolution  promising  that  at 
the  next  session  provision  would  be  made  for  discharging  the  claims  of  the 
agent. 


228  MESSAGES  FROM  THE  GOVERNOR. 

The  season  of  the  year  being  so  far  advanced  I  hope  you 
will  proceed  with  all  possible  dispatch  that  you  may  finish 
what  I  have  recommended  to  you,  and  if  you  have  anything 
to  propose  for  the  benefit  of  the  country,  I  shall  very  readily 
join  with  you  to  the  utmost  of  my  power. 

W.  SUBNET. 

SPECIAL  MESSAGES. 

October  4.  Transmitting  copies  of  the  following  papers : 
two  letters  from  the  Governor  of  Canada;  the  Governor's 
answer  to  one  of  them;  resolves  of  the  Assembly  of  the 
colony  of  Massachusetts  Bay  concerning  the  division  line 
between  the  Province  of  New  York  and  that  colony.  (See 
note  3.) 

October  7.     Thanking  the  Assembly  for  its  address. 

October  9.  Eelative  to  a  joint  committee  to  prepare  an 
address  to  the  King.  The  address  was  approved  and 
signed  October  20. 

October  16.  Transmitting  a  statement  of  the  expenses 
incurred  in  building  the  trading  house  at  Oswego.  (See 
note  1.) 

October  17.  Transmitting  several  papers  relating  to 
Indian  affairs.  (See  note  1.) 

October  18.  Transmitting  a  statement  of  expenses  for 
services  in  the  Indian  country.  (See  note  1.) 

October  25.  Presenting  a  list  of  warrants  drawn  for 
expenses  incurred  in  promoting  trade  with  the  Indians. 
(See  note  1.) 

November  1.  Transmitting  a  statement  of  expenses  for 
transportation  of  supplies  to  the  Governor's  company  at 
Albany ;  and  an  estimate  of  the  amount  needed  for  support 
of  the  garrison  at  Oswego  during  the  ensuing  year.  (See 
note  1.) 

November  4.  Presenting  an  account  for  the  transporta- 
tion of  eleven  soldiers. 


JOHN  MONTGOMEKIE,  1728.  229 

November  25.  The  Assembly,  instead  of  being  ad- 
journed as  usual,  was  dissolved.  On  this  day  the  Assembly 
adopted  a  preamble  and  resolutions  reciting  grievances 
and  oppressions  which  had  come  upon  the  colony  by  means 
of  the  court  of  chancery,  declaring  that  the  establishment 
of  the  court  without  the  consent  of  the  Assembly  was  un- 
warrantable, contrary  to  the  laws  of  England,  and  of 
pernicious  consequence  to  their  liberties  and  properties, 
and  also  declaring  the  intention  of  the  Assembly  to  enact 
remedial  legislation  at  its  next  session.  These  resolutions 
were  deemed  sufficient  to  justify  the  dissolution  of  the  As- 
sembly. Governor  Burnet  in  a  letter  to  the  Lords  of 
Trade,  dated  December  21,  1727  (Col.  Doc.  vol.  5,  p.  847), 
says  the  resolutions  were  adopted  at  the  suggestion  of  the 
Speaker,  Adolph  Philipse,  who  had  recently  lost  a  cause  in 
the  court  of  chancery. 


1728.     JULY.     TWENTIETH    ASSEMBLY,    FIRST    SESSION. 


JOHN  MONTGOMERIE,  Governor. 

The  Nineteenth  Assembly  was  dissolved  November  25, 
1727,  and  on  the  12th  of  February  following  writs  of  elec- 
tion were  issued  for  a  new  Assembly  to  meet  the  25th  of 
March.  A  new  Governor,  John  Montgomerie,  had  already 
been  appointed  by  a  commission  dated  October  4,  1727,  but 
he  had  not  yet  arrived  in  New  York.  The  Assembly,  which 
was  chosen  under  the  writs  of  election  issued  the  12th  of 
February,  did  not  meet,  but  was  prorogued  by  Governor 
Burnet,  who  announced  that  he  would  continue  the  proroga- 
tions until  the  arrival  of  his  successor. 

Governor  Montgomerie  arrived  in  New  York  on  the  15th 
of  April,  1728,  and  on  the  20th  dissolved  the  Assembly.  In 
a  letter  to  the  Lords  of  Trade,  dated  May  6,  1728  (Col.  Doc. 
vol.  5,  -p.  856),  he  says  that  upon  his  arrival  application 


230  MESSAGES  FKOM  THE  GOVERNOR. 

was  immediately  made  to  him,  and  that  the  people  of  the 
best  interest  of  the  Province  advised  him  to  dissolve  the 
new  Assembly;  he  also  says  he  consulted  every  member  of 
the  Council  singly,  and  others.  They  all  unanimously,  and 
even  Governor  Burnet  himself,  advised  him  to  call  a  new 
Assembly  ' '  as  the  most  probable  way  to  compose  differ- 
ences and  reconcile  all  animosities."  Another  Assembly 
was  called  which  met  on  the  23d  of  July.  The  same  day 
the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. — When  his  Majesty  did  me  the  honor  to 
appoint  me  Governor  of  this  Province  I  was  very  sensible 
of  my  own  insufficiency  for  so  great  a  trust,  yet  I  willingly 
undertook  it,  thinking  it  my  duty  to  serve  my  King  and 
country  in  whatever  station  his  Majesty  was  pleased  to 
employ  me. 

It  was  no  small  encouragement  for  me  to  hear  before  I 
left  England  a  general  good  character  of  the  inhabitants 
of  this  Province,  and  I  hope  after  being  sometime  longer 
with  you  I  shall  be  able  to  vouch  it  by  experience. 

You  who  are  the  free  choice  and  representatives  of  a 
people  who  I  have  so  much  reason  to  believe  are  well  prin- 
cipled, I  hope  are  met  together  determined  to  support  his 
Majesty's  government  by  settling  upon  him  a  revenue  in 
as  ample  a  manner  and  at  least  for  as  long  a  time  as  former 
assemblies  have  given  it  to  his  predecessors.  By  so  doing 
you  will  express  your  loyalty  and  gratitude  to  the  best  of 
Kings,  who  is  able  and  willing  to  secure  to  you  your 
religion,  laws,  liberties  and  properties,  is  ready  to  protect 
the  trade  you  are  at  present  possessed  of,  and  is  graciously 
resolved  to  encourage  the  increase  of  your  commerce  and 
the  encouraging  of  your  manufactures.1 


l  August  31st,   an  act   was  passed,  chap.   516,   for  the   support  of  govern- 
ment, which  was  to  be  in  force  five  years. 


JOHN  MONTGOMEKIE,  1728.  231 

I  am  fully  instructed  to  concur  with  you  in  everything 
that  is  for  the  real  good  and  interest  of  the  Province,  and 
to  take  particular  care  that  you  enjoy  your  rights  and 
privileges  in  their  full  extent ;  at  the  'same  time  I  am  com- 
manded to  support  his  Majesty's  royal  prerogative,  which 
I  will  do  with  the  greatest  zeal,  and  if  any  factious  and 
presumptions  attempt  be  made  against  so  essential  a  part 
of  the  constitution,  I  expect  that  you  will  oppose  it. 

GENTLEMEN.— I  confide  so  much  in  the  good  intentions 
of  this  Assembly  that  I  shall  not  propose  to  you  any  par- 
ticular method  of  supporting  the  government,  or  securing 
the  Province  and  its  frontiers,  where  all  the  garrisons  are 
in  a  ruinous  condition.  The  things  I  recommend  to  you  are 
for  your  honor  and  safety,  and  your  doing  them  effectually 
will  confirm  his  Majesty  of  the  good  opinion  he  has  of  his 
subjects  here. 

SPECIAL  MESSAGES. 

July  25.  Thanking  the  Assembly  for  its  address,  and 
informing  them  that  the  King  had  ordered  him  to  preserve 
their  just  rights  and  liberties. 

August  1.  Transmitting  copies  of  letters  and  other 
papers  relating  to  Indian  affairs. 

August  2.  Presenting  an  account  in  favor  of  the  late 
Governor  Burnet  for  supplies  furnished  to  a  detachment 
sent  to  Oswego. 

August  23.  Transmitting  the  King's  veto  of  an  act 
passed  November  11,  1726,  "  for  the  easier  partition  of 
lands  held  in  common,  and  promoting  the  settling  and  im- 
provement thereof,  and  for  confirming  former  divisions  of 
the  settled  townships  of  this  Colony." 

August  23.  Informing  the  Assembly  of  the  ruinous  con- 
dition of  frontier  garrisons  and  of  the  fort  at  New  York,2 


2  An   act,    chap.    530,    passed    September   20th,   appropriated   two   hundred 
pounds  for  the  repair  of  the  barracks  at  New  York. 


232  MESSAGES  FROM  THE  GOVERNOR. 

and  expressing  the  opinion  that  the  regular  appropriation 
for  their  repair  would  be  insufficient. 

September  21.     The  Assembly  was  adjourned  to  the  first 
Tuesday  in  April. 


1720.    MAY.    TWENTIETH  ASSEMBLY,  SECOND  SESSION. 


JOHN  MONTGOMERIE,  Governor. 

The  Assembly  met  May  13.  The  next  day  the  Governor 
delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.— I  have  called  you  together  to  concert  and 
concur  with  you  in  advancing  the  interest  and  prosperity 
of  this  Province,  and  I  take  this  occasion  of  acquainting 
you  that  since  your  adjournment  I  met  the  Six  Nations  of 
Indians  at  Albany,  and  I  do  assure  you  with  great  pleasure 
and  satisfaction,  that  I  find  them  thoroughly  attached  to 
our  interest.  You  will  see  this  confirmed  by  their  public 
conferences  with  me,  which  if  you  desire  shall  be  laid  before 
you. 

They  think  the  house  at  Oswego,  which  has  been  builded 
and  hitherto  supported  by  you,  of  so  great  consequence  to 
themselves  and  us  that  they  expect  you  will  keep  a  garrison 
there,  and  we  shall  appear  very  contemptible  in  the  eyes 
of  the  world  if  you  do  not  seasonably  and  amply  provide 
for  the  maintenance  and  support  of  it,  which  I  earnestly 
and  heartily  recommend  to  you.1 

The  Indians  on  their  part  promise  to  assist  us  against 
any  power  that  dares  to  attack  it. 

I  am  sorry  that  the  expenses  of  that  place  have  been  so 
burthensome  to  the  Province,  but  I  believe  there  will  be 


i  July  12th.  an  act  was  passed,  chap.  542,  to  provide  for  maintaining  the 
trading  house  at  Oswego. 


JOHN  MONTGOMERIE,  1729.  233 

methods  proposed  to  you  of  doing  it  at  far  less  charge 
than  what  it  has  hitherto  cost  you.  I  leave  that  entirely 
to  your  consideration,  not  doubting  but  you  will  provide 
for  it  effectually,  and  the  less  expense  the  Province  is  at, 
it  will  be  the  more  pleasing  to  me. 

I  have  one  thing  more  to  recommend  to  you,  which  is 
appointing  an  agent  to  solicit  your  affairs  at  the  court  of 
Great  Britain,  and  I  must  take  this  occasion  of  doing  justice 
to  the  gentleman  you  last  employed  by  letting  you  know 
that  to  my  certain  knowledge  he  served  you  diligently  and 
honestly,  and  very  well  deserves  the  continuance  of  the 
trust  you  reposed  in  him.2 

J.  MONTGOMERIE, 

SPECIAL  MESSAGES. 

May  19.  Presenting  accounts  relating  to  Oswego,  and 
a  state  of  the  frontier  garrisons.  (See  note  1.) 

May  21.  Transmitting  a  treaty  made  by  the  Governor 
with  the  Six  Nations  in  October,  1728;  and  also  the  pro- 
ceedings of  the  commissioners  appointed  to  recover  the 
fines  and  forfeitures  in  the  county  of  Albany. 

May  30.  Transmitting  letters  and  other  papers  relating 
to  Indian  affairs. 

June  11.  A  committee  of  the  Assembly  having  recom- 
mended the  importation  of  European  salt,  the  Governor 
was  requested  to  present  the  subject  to  the  Council,  and 
endeavor  to  procure  an  act  of  Parliament  relative  to  such 
importation.  The  Governor  replied,  expressing  the  opinion 
that  the  Council  would  "  readily  join  therein,  and  that  for 
his  part,  he  would  not  only  readily  concur,  but  likewise 
write  to  the  Speaker  and  some  members  of  the  House  of 
Commons  in  favor  of  such  an  act."  The  next  day  a  joint 
committee  was  appointed  to  prepare  a  memorial  to  Parlia- 
ment. 


2  By  an  act  passed  July  12th,  chap.  541.  Peter  Le  Heup  was  reappointed 
agent  and  provision  was  made  for  his  compensation. 


234  MESSAGES  FROM  THE  GOVERNOR. 

June  16.  Transmitting  letters  from  the  Governor  of 
Connecticut  relative  to  the  boundary  line  between  the  two 
colonies. 

June  23.  The  Assembly  having  received  a  petition 
from  justices  of  the  peace  of  Albany,  complaining  of 
prosecutions  by  the  Attorney-General  for  alleged  negli- 
gence in  failing  to  keep  the  Albany  jail  in  proper  repair, 
submitted  it  to  the  Governor,  who  in  reply  assured  the 
Assembly  that  it  would  be  his  constant  endeavor  to  make 
the  people  under  his  government  as  easy  as  it  was  in  his 
power. 

June  24.     Transmitting  a  letter  from  David  Humphreys, 

* '  Secretary  to  the  Society  for  the  Propagation  of  the  Gos- 
pel in  foreign  Parts,  dated  in  London,  the  23d  of  September 
last,  directed  to  his  said  Excellency,  importing,  that  whereas 
a  large  and  valuable  library  of  books,  consisting  of  about 
a  thousand  volumes,  had  been  bequeathed  to  them,  by  the 
late  Dr.  Millington,  Eector  of  Newington;  and  that  the 
Society  being  desirous  to  place  the  same  where  it  might  be 
most  useful  abroad,  had  agreed  to  fix  it  in  the  city  of  New 
York.  But  it  being  their  intention  it  should  be  established 
a  Library,  from  which  the  clergy  and  gentlemen  of  this 
Government,  and  Jersey,  Pennsylvania  and  Connecticut, 
might  borrow  books  to  read,  upon  giving  security  to  return 
them  within  a  limited  time ;  it  was  their  desire  that  a  proper 
method  should  be  taken  for  the  preservation  of  the  books, 
before  they  send  them  over ;  and  therefore,  desired  it  might 
be  recommended  to  the  Assembly,  that  a  proper  place  may 
be  provided,  wherein  this  Library  may  be  reposited  for  the 
public  use,  and  that  an  act  be  made,  providing  for  the  due 
preservation  of  these  Books,  and  all  others  which  shall  be 
added  to  them. 

Which  letter  being  read,  the  House  do  in  the  most  grate- 
ful manner  acknowledge  the  favorable  intention  of  the 
Society  towards  this  Place  in  prefering  it  before  any  of  his 


JOHN  MONTGOMEEIE,  1729.  235 

Majesty's  other  Plantations  on  this  Continent,  to  reposite 
a  Library  in,  which  will  not  only  redound  to  the  Reputation 
of  this  Colony,  but  be  vastly  useful 'and  beneficial  to  the 
inhabitants  thereof.  But  before  the  House  proceed  to  take 
any  resolutions  thereon,  it  is 

ORDERED,  That  the  Clerk  deliver  a  Copy  of  this  minute 
to  the  Mayor  of  the  City  of  New  York,  who  is  desired  to 
convene  the  Common  Council  upon  the  subject  matter 
thereof,  and  that  they  make  return  to  this  House  whether 
that  Corporation  already  have  a  proper  and  convenient 
place  for  such  a  Library,  and  are  willing  to  make  it  suitable 
for  that  use. ' ' 

On  the  27th  the  Assembly  received  the  following: 

* '  We  the  Mayor,  Recorder,  Aldermen  and  Assistants,  of 
the  City  of  New  York,  convened  in  Common  Council,  are 
very  thankful  for  the  message  sent  down  to  us  by  the  honor- 
able House,  concerning  a  proper  repository  for  the  Library 
of  the  Reverend  Dr.  Millington,  offered  to  this  Province  by 
the  venerable  the  Society  for  Propagation  of  the  Gospel. 
We  are  truly  sensible  of  the  great  advantages  which  may 
arise  from  so  generous  and  seasonable  a  present,  and  we 
are  zealously  disposed  to  receive  the  same;  and  in  order 
thereto,  we  do  resolve  to  provide  a  large  room  for  their 
accommodation,  which  shall  be  at  any  time  hereafter,  ready 
for  that  purpose ;  but  as  we  are  ignorant  at  present  of  what 
volumes  the  said  library  does  consist,  we  cannot  put  that 
room  into  the  necessary  order,  by  preparing  shelves,  desks, 
seats  and  other  accommodations,  as  we  are  inclined  to  do. 

The  confirmation  and  enjoyment  of  this  favor  we  hope 
for,  from  the  recommendations  and  assistance  of  his  Excel- 
lency the  Governor  and  the  honorable  House,  and  we  will 
not  be  wanting  on  our  parts  to  deserve  the  same. ' ' 

The  Assembly  directed  the  foregoing  communication  to 
be  presented  to  the  Governor,  with  a  request  that  he  trans- 
mit it,  together  with  the  minute  of  the  action  of  the  As- 


236  MESSAGES  FROM  THE  GOVERNOR. 

sembly,  to  the  Society  for  the  Propagation  of  the  Gospel 
in  Foreign  Parts,  "  and  to  assure  them  this  House  is 
heartily  disposed  to  pass  an  act  for  the  due  preservation 
of  the  books  when  here. ' ' 

July  11.  Transmitting  the  King's  veto  of  an  act  passed 
November  25,  1727,  to  prevent  prosecutions  by  information. 

July  12.  The  Assembly  was  adjourned  to  the  first  Tues- 
day in  October. 


1730.     AUGUST.     TWENTIETH    ASSEMBLY,    THIRD    SESSION. 


JOHN  MONTGOMERIE,  Governor. 

This  session,  after  several  adjournments,  opened  August 
25,  and  the  next  day  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.— The  principal  reason  of  my  calling  you 
together  at  this  time  is  to  acquaint  you  that  his  Majesty 
has  disallowed  all  the  acts  you  have  passed  prohibiting  the 
selling  of  Indian  goods  to  the  French,  or  laying  duties  on 
them  from  the  year  1720  to  the  year  1729,  which  I  believe 
is  what  you  expected  from  the  late  accounts  we  have  had 
from  England. 

By  the  repeal  of  these  acts  which  I  shall  lay  before  you, 
the  last  provision  you  made  for  the  support  of  the  house 
and  garrison  at  Oswego  is  rendered  altogether  ineffectual. 

Every  man  who  knows  the  interest  and  circumstances  of 
this  province  must  be  very  sensible  of  the  importance  of 
that  place,  on  which  chiefly  depends  the  prosperity  and 
success  of  your  Indian  trade,  the  fidelity  and  obedience  of 
the  Six  Nations  to  the  crown  of  Great  Britain,  and  a  pro- 
tection and  defence  of  your  frontier  settlements.  The 
season  of  the  year  for  transporting  men  and  provisions 
being  now  far  advanced,  I  earnestly  desire  that  you  will 


JOHN  MONTGOMERIE,  1730.  237 

speedily  provide  effectual   and   unexceptionable   supplies 
for  this  service.1 

I  also  expect  you  will  take  into  your  serious  considera- 
tion the  ruinous  condition  of  all  the  other  frontier  garri- 
sons, and  the  miserable  state  of  the  officers'  barracks  in 
the  fort  at  New  York.2 

It  gives  me  very  great  uneasiness  to  propose  any  ex- 
pense to  the  Province,  but  the  things  I  have  mentioned  are 
so  absolutely  necessary  for  his  Majesty's  service  and 
safety  of  his  subjects,  that  I  think  myself  indispensably 
obliged  to  recommend  them  most  earnestly  to  you. 

J.  MONTGOMERIE. 

SPECIAL  MESSAGES. 

August  26.  Transmitting  the  King's  veto  of  all  acts 
passed  by  the  colonial  legislature  from  1720  to  1729,  pro- 
hibiting the  selling  of  Indian  goods  to  the  French,  or  laying 
duties  on  them.  Petitions  against  the  acts  had  been  pre- 
sented by  merchants  of  New  York  and  London,  and  by 
manufacturers  engaged  in  the  fur  trade.  The  Privy 
Council,  in  its  report  on  the  acts,  expressed  the  opinion 
that  "  the  fur  trade  which  is  of  great  importance  to  his 
Majesty's  subjects,  appears  to  be  highly  affected  by  the 
said  acts,  and  that  the  clauses  relating  to  the  execution  of 
the  said  acts  are  grevious  and  oppressive." 

September  9.  The  Assembly  proposed  a  joint  com- 
mittee of  the  two  houses  to  prepare  a  memorial  to  the 
King,  showing  what  had  been  done  in  relation  to  the  Indian 
trade,  particularly  at  Oswego,  and  praying  that  the  ex- 
pense necessary  to  support  the  trading  house  erected  there, 
may  be  borne  either  by  the  trade  itself,  or  by  those  who 
reap  the  only  benefit  of  it.  The  Governor1  was  requested 
to  join  in  and  promote  the  memorial. 


1  An   act,   chap.    561,    passed   October   29th,    provided   for   maintaining   the 
troops  at  Oswego. 

2  Action   relating  to  the  frontiers   and  the  Fort  George  barracks  is  noted 
under  Special  Messages  of  October  1st  and  17th. 


238  MESSAGES  FKOM  THE  GOVERNOR. 

Two  days  later  the  Governor,  replying  to  the  Assembly 
resolution,  said  he  would  acquaint  the  Council  with  the 
matter  in  order  to  appoint  members  of  the  joint  committee. 
A  joint  committee  was  subsequently  appointed,  and  a 
memorial  was  sent  to  the  home  government. 

October  1.  The  Assembly,  having  adopted  a  resolution 
requesting  the  Governor  to  cause  a  plan  to  be  made  of  a 
new  stone  fort  at  Albany,  with  sufficient  barracks  for  the 
garrison  therein,  and  to  make  an  estimate  of  its  cost,  the 
Governor  replied  that  he  would  ' '  not  only  cause  the  ground 
to  be  viewed  and  a  plan  of  a  proper  fort  to  be  made,  but 
also  consult  able  workmen  to  make  an  estimate  of  the  cost 
thereof,  in  order  to  lay  the  same  before  this  house  next 
session." 

October  17.  Replying  to  an  Assembly  resolution  re- 
questing the  Governor  to  expend  one  hundred  and  fifty 
pounds  in  repairs  on  the  officers'  barracks  at  Fort  George, 
the  Governor  said  he  would  lay  the  matter  before  the 
Council,  "  and  cause  the  said  barracks  to  be  repaired  in 
the  most  frugal  manner." 

October  19.  Presenting  accounts  relating  to  the  trading 
house  at  Oswego. 

October  28.  Advising  the  Assembly,  in  response  to  its 
resolution,  that  he  would  publish  a  proclamation  in  the  New 
York  Gazette,  offering  a  reward  for  the  apprehension  of 
a  notorious  horse  thief. 

October  29.  The  Assembly  was  adjourned  to  the  second 
Tuesday  in  March. 


1731.     AUGUST.     TWENTIETH  ASSEMBLY,  FOURTH  SESSION. 


RIP  VAN  DAM,  President  of  the  Council. 

Governor  Montgomerie  died  July  1,  1731.  By  his  death, 
executive  authority  became  vested  in  Rip  Van  Dam,  presi- 
dent of  the  Council, 


RIP  VAN  DAM,  1731.  239 

The  Assembly  had  been  adjourned  to  the  second  Tuesday 
of  March,  but  was  continued  by  prorogation  under  procla- 
mations issued  by  the  late  Governor,  and  also  by  President 
Van  Dam.  The  fourth  session  openejl  August  25,  at  the 
house  of  Harmanus  Rutgers  "near  the  Fresh  Water." 
The  President  and  Council  met  at  Captain  Kipperi's  house, 
where  they  were  joined  later  in  the  day  by  the  Assembly, 
at  the  request  of  the  President,  who  then  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN.— Upon  the  death  of  our  late  Governor,  John 
Montgomerie,  esquire,  the  powers  and  authorities  by  his 
Majesty's  commission  and  instruction  given  to  him  de- 
volving on  me,  I  have  thought  fit,  by  and  with  the  advice 
of  his  Majesty's  Council,  to  call  you  together  at  this  time 
to  make  such  acts  and  such  provision  as  are  immediately 
necessary  for  his  Majesty's  service,  the  security  of  the 
Province  and  the  preservation  of  the  peace  thereof. 

I  must  in  a  particular  manner  recommend  that  timely 
and  effectual  provisions  may  be  made  for  supporting  the 
post  of  Oswego  and  the  troops  posted  in  it,  and  to  regulate 
the  Indian  trade  there  as  the  most  probable  method  to  in- 
crease the  fur  trade  and  to  draw  the  remote  Indians,  and 
to  confirm  the  Six  Nations  in  their  fidelity  and  obedience 
to  the  Crown  of  Great  Britain.1 

I  must  likewise  recommend  to  your  serious  consideration 
the  ruinous  and  bad  condition  of  our  frontier  garrisons, 
which  requires  your  particular  care,  especially  the  build- 
ing of  a  fort  at  Albany  according  to  the  resolve  last 
session.2 


1  September  30th  an  act,  chap.  568,  was  passed  for  the  support  of  the  troops 
at  Oswego,  and  for  the  regulation  of  trade  there. 

2  The  Assembly  adopted  a   resolution  on  the   28th  of   August,   postponing 
until  the  next  session  the  subject  of  a  new  fort  at  Albany,  but  on  the  30th 
of   September    an   act   was    passed   providing   for   the   erection    of   two   block 
houses  at  Albany,  in  accordance  with  acts  relating  to  that  subject  passed  in 
1724  and  1726.  " 


240  MESSAGES  FROM  THE  GOVERNOR. 

I  need  not  put  you  in  mind  that  a  new  act  ought  to  be 
made  for  letting  to  farm  the  excise  of  strong  liquors  re- 
tailed in  this  Province,3  that  act  being  nigh  expiring,  and 
if  you  think  other  acts  shall  be  immediately  necessary  for 
his  Majesty's  service  or  the  good  of  this  Province,  you 
shall  find  me  ready  to  concur  with  you  therein. 

The  nature  of  the  business  to  be  before  you  requires 
dispatch,  and  your  own  good  understanding  will  I  doubt 
not  produce  a  suitable  unanimity  that  neither  you  nor  the 
country  may  be  burthened  by  a  long  session. 

RIP  VAN  DAM. 

SPECIAL  MESSAGES. 

August  30.  Transmitting  a  communication  from  the 
Commissioners  of  Indian  Affairs  at  Albany;  instructions 
by  the  Commissioners  to  the  Indian  interpreter  on  the 
Governor's  death,  and  also  a  conference  with  some  of  the 
Indians ;  a  report  by  the  interpreter ;  other  letters  relating 
to  Indian  affairs,  and  reports  concerning  the  garrisons  at 
Albany  and  Schenectady. 

August  31.  Approving  a  transfer  of  the  session  of  the 
Assembly  to  the  City  Hall.  According  to  the  journal  this 
change  was  made  because  it  was  discovered  that  a  person 
was  ill  with  the  smallpox  in  the  house  where  the  session 
was  being  held.  More  than  one  third  of  the  members  had 
never  had  that  distemper,  and  had  determined  not  to  ap- 
pear any  more  during  the  session. 

September  2.  The  Assembly,  having  proposed  a  joint 
committee  to  prepare  a  protest  against  a  pending  bill  in 
Parliament  for  the  better  securing  and  encouraging  the 
sugar  colonies  in  America  on  the  ground  that  such  an  act 
would  injure  the  northern  colonies,  the  President  said  he 
would  not  only  lay  the  matter  before  the  Council,  but  pro- 
mote it  himself.  A  committee  was  accordingly  appointed, 
and  a  memorial  was  transmitted  to  the  home  government. 

•  An  excise  law,  chap  564,  was  passed  September  30th. 


EIP  VAN  DAM,  1731.  241 

September  8.  Transmitting  a  letter  from  Governor 
Belcher  of  Massachusetts  to  the  late  Governor  Mont- 
gomerie,  relating  to  the  boundary  between  the  two  colonies. 

September  30.  Transmitting  a  report  from  the  Com- 
missioners of  Indian  Affairs  at  Albany. 
"  Importing  that  the  French,  with  about  eighty  men  had 
built  a  fort  and  enclosed  it  with  stockadoes  at  the  Crown 
Point,  on  the  south  end  of  Corlar's  Lake,  near  the  carry- 
ing place  above  Saratoga ;  that  they  had  also  built  a  house 
forty  feet,  and  were  busy  to  erect  two  more  there,  and 
that  the  persons  who  brought  this  account,  did  add  that 
they  were  credibly  informed  in  Canada  that  the  French 
designed  to  inclose  the  said  Fort  and  buildings,  with  a 
stone  wall  next  spring,  and  that  they  positively  designed 
to  go  up  at  the  same  time  with  200  men  to  Fiederodequat, 
lying  on  the  south  side  of  Cadaraqua  Lake  above  Oswego, 
near  the  Seneka's  country,  in  order  to  stop  the  English 
trade  at  Oswego. 

The  House  taking  the  same  into  consideration,  are  justly 
apprehensive  that  if  those  attempts  and  encroachments  are 
not  prevented,  they  may  prove  of  the  last  consequence,  not 
only  to  this  colony,  but  also  to  several  other  of  his 
Majesty's  colonies  on  this  Continent.  Inasmuch  as  the 
French  can  march  from  Crown  Point  in  .three  days  to 
Albany  itself  (whereby  the  Frontiers  would  be  extremely 
exposed),  in  case  a  rupture  should  happen  between  that 
Crown  and  Great  Britain,  and  in  the  meanwhile  they  may 
at  Fiederondequat,  obstruct  the  Beaver  and  Fur  Trade  at 
Oswego,  which  has  been  acquired  there  at  a  vast  expense; 
and  therefore  came  to  the  following  resolutions,  to  wit : 

Resolved,  That  the  President  be  addressed  (as  the  House 
hereby  humbly  do)  to  represent  these  attempts  of  en- 
croachments of  the  French,  and  the  fatal  consequences  the 
same  may  be  attended  with,  unto  his  Majesty  or  his  Minis- 
ters of  State,  in  order  to  obtain  such  relief  and  directions 
16 


242  MESSAGES  FROM  THE  GOVERNOR. 

therein  as  to  his  said  Majesty,  in  his  great  wisdom,  shall 
seem  meet. 

Resolved,  That  his  Honor  be  likewise  addressed,  that  the 
Commissioners  of  Indian  Affairs  at  Albany  be  directed  to 
employ  proper  persons,  and  such  as  have  an  interest 
among  the  Six  Nations,  particularly  among  the  Senekas,  to 
dispose  them  to  prevent  the  French  from  annoying  them, 
or  obstructing  our  trade  with  the  Indians,  either  at  Fiede- 
rondequat,  or  at  any  other  place  in  the  countries  belong- 
ing to  them ;  and  that  the  charge  attending  that  service,  be 
defrayed  out  of  the  money  appropriated  for  the  support  of 
this  Government." 

The  President  was  also  requested  to  communicate  with 
the  Governors  of  Connecticut,  Massachusetts  and  Pennsyl- 
vania in  relation  to  the  proposed  encroachments  by  the 
French. 

September  30.  By  direction  of  President  Van  Dam,  on 
account  of  the  prevalence  of  smallpox,  the  Assembly  was 
adjourned  to  the  second  Tuesday  in  December. 


1732.     AUGUST.     TWENTIETH  ASSEMBLY,  FIFTH  SESSION. 


WILLIAM  COSBY,  Governor. 

The  new  Governor  was  appointed  by  a  commission  dated 
March  27,  1732.  He  arrived  in  New  York  August  1.  The 
Assembly  convened  the  9th,  and  the  next  day  Governor 
Cosby  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. — When  his  Majesty  was  graciously  pleased 
to  appoint  me  Governor  of  this  Province,  I  intended  to 
embark  early  in  the  spring,  but  upon  the  application  of 
your  agents  I  quitted  that  resolution  in  order  to  give  the 


WILLIAM  COSBY,  1732.  243 

best  assistance  I  was  able  towards  the  defeating  the  bill 
then  depending  in  Parliament  in  favor  of  the  Sugar 
Islands;  what  success  it  has  had  you  very  well  know. 

GENTLEMEN.— I  am  extremely  pleased- to  see  you  so  soon 
assembled  after  my  arrival.  The  season  of  the  year  and 
exigence  of  affairs  requiring  not  only  a  speedy  application, 
but  your  utmost  attention,  and  I  do  not  in  the  least  doubt 
but  that  you  are  met  together,  determined  to  support  his 
Majesty's  government  by  settling  upon  him  a  revenue  in 
as  full  and  ample  a  manner,  and  at  least  fox  as  long  a  time 
as  you  or  any  former  Assembly  have  at  any  time  given  it,1 
and  to  make  such  provision  for  the  maintenance  of  the 
garrison  of  Oswego  and  for  the  repairs  of  that  place,  as 
well  as  the  rest  of  the  garrisons,  as  their  ruinous  condition 
requires.2  This  will  encourage  the  soldiers  to  do  their 
duty  cheerfully,  give  the  Five  Nations  a  full  assurance  of 
protection,  and  make  your  trade  more  extensive  among  the 
remote  Indians,  and  in  all  things  answer  the  end  to  which 
it  is  designed.  Those  things  his  Majesty,  the  best  of 
Kings,  whose  universal  care  of  his  subjects  he  makes  his 
greatest  glory,  thinks,  for  your  own  sakes,  you  should  do, 
therefore  expects  it  from  this  Assembly,  of  whose  loyalty 
and  dutiful  affection  to  his  person  and  government  he  is 
fully  satisfied. 

GENTLEMEN. —  I  am  commanded  to  assure  you  of  his 
Majesty's  protection  in  your  religion  and  all  your  just 
rights  and  liberties,  and  of  his  gracious  inclination  to 
encourage  your  trade,  on  which  the  strength  and  pros- 
perity of  the  Province  does  in  a  great  measure  depend.  If 
any  new  laws  are  necessary  for  the  encouragement  and 
enlarging  of  your  trade,  in  any  of  it  branches,  you  may 
depend  upon  my  concurring  with  you,  and  if  there  be  any- 


1  An  act   for   the   support  of  government,   chap.   591,   was   passed   October 
14th,  and  was  to  be  in  force  five  years.. 

2  October   14th,  an  act  was  passed,   chap.   592,   for  the   payment  of  claims 
for  services  and   expenses  incurred  in  connection  with  the  trading  house  at 
Oswego,  for  the  support  of  the  garrison  there,  and  to  regulate  the  Indian  trade. 


244  MESSAGES  FROM  THE  GOVERNOR. 

thing  wanting  to  make  you  a  flourishing  and  happy  people 
you  may  be  assured  I  will  use  my  utmost  power  and  inter- 
est to  serve  you. 

W.  COSBY. 

SPECIAL  MESSAGES. 

August  14.     Thanking  the  Assembly  for  its  address. 

September  5.  Transmitting  a  memorial  from  the  city 
authorities  of  Albany  and  the  Commissioners  of  Indian 
Affairs  there,  setting  forth  the  defenceless  condition  of  the 
city  in  case  of  a  rupture  with  France,  and  urging  immediate 
action  by  the  Assembly. 

September  6.  Sending  a  large  parcel  of  counterfeit 
bills  of  credit,  and  recommending  their  immediate  destruc- 
tion. They  were  accordingly  burned. 

October  14.  The  Assembly  was  adjourned  to  the  second 
Tuesday  in  April,  1733. 


1733.     OCTOBER.     TWENTIETH   ASSEMBLY,   SIXTH   SESSION. 


WILLIAM  COSBY,  Governor, 

The  sixth  session  opened  October  15th,  and  the  next  day 
the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  The  season  of  the  year  being  so  far  ad- 
vanced I  shall  only  at  this  time  recommend  to  your  con- 
sideration a  thorough  repair  of  the  barracks  in  this  fort. 
The  work  has  been  already  begun  on  some  of  them,  and  a 
moderate  expense  may  finish  it  and  make  them  useful  for 
many  years,  but  if  they  are  longer  neglected  they  will  in 
a  short  time  be  incapable  of  a  repair,  and  must  of  necessity 


WILLIAM  COSBY,  1734  245 

be  new  built,  the  charge  whereof  will  be  much  heavier  than 
that  of  a  present  repair.1 

There  are  some  temporary  laws  expired  or  pretty  nigh 
expiring,  which  it  will  be  necessary  to  revive  or  continue. 
I  need  not  point  them  out  to  you.  You  know  them  and  the 
usefulness  of  them.  These  and  whatever  else  are  neces- 
sary for  the  welfare  of  the  Province  I  will  readily  concur  in. 

W.  COSBY. 

SPECIAL  MESSAGES. 

October  31.  Promising  compliance  with  the  Assembly's 
request  for  the  appointment  of  a  new  commissary  at 
Oswego,  and  for  an  order  prohibiting  such  commissary  and 
the  officer  in  command  of  the  troops  at  that  place  from 
trading  with  the  Indians. 

November  1.  The  Assembly  was  adjourned  to  the  third 
Tuesday  in  April,  1734. 


1734.     APRIL.     TWENTIETH   ASSEMBLY,  SEVENTH   SESSION. 


WILLIAM  COSBY,  Governor. 

The  seventh  session  opened  April  25th,  and  on  the  same 
day  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.— As  I  knew  there  was  nothing  of  greater 
concern  or  higher  importance  to  the  prosperity  of  the 
Province  than  the  encouragement  of  trade,  wherein  the 
welfare  and  even  the  subsistence  both  of  the  farmer  and 
tradesman  depends,  I  have  made  it  my  business  to  inform 


i  A  resolution  was  adopted  October  31st,  postponing  action  concerning  the 
barracks  until  the  next  session. 


246  MESSAGES  FROM  THE  GOVERNOR. 

myself  of  its  present  situation,  and  of  the  discouragements 
it  labors  under,  hoping  that  by  discovering  the  causes  of 
its  decay  I  might  find  a  remedy. 

I  will  first  point  out  some  of  the  principal  causes  of  the 
decay  of  trade,  and  then  propose  some  remedy  for  them. 

The  first  and  principal  cause  is  that  your  neighbors, 
especially  the  Bermudians,  have  by  degrees  got  such  foot- 
ing that  they  are  now  become  your  common  carriers, 
whereby  not  only  building,  which  is  a  vast  advantage  to  a 
country,  is  discouraged  and  almost  wholly  disused,  artifi- 
cers without  employ,  their  families  reduced  to  great  neces- 
sity at  present,  and  no  prospect  before  them  but  extreme 
poverty  or  forsaking  their  country;  but  likewise  vast  sums 
of  money  are  yearly  carried  out  of  the  Province  by 
strangers  who,  as  I  am  well  informed,  spend  hardly  any- 
thing even  for  their  daily  subsistence  while  here,  nor  im- 
port anything  useful  or  profitable  into  it. 

Another  cause  of  the  decay  of  trade  is  owing  to  the  want 
of  having  your  flour,  the  staple  commodities  of  the  country, 
put  under  such  essays  and  strict  search  and  inspection  as 
may  be  necessary  to  prevent  the  exportation  of  any  but 
such  as  may  equal  in  goodness  the  best  that  is  exported 
from  your  neighboring  Provinces,  whose  flour  has  gained 
a  reputation  superior  to  yours  from  the  wholesome  laws 
they  have  made  to  prevent  frauds  and  abuses. 

I  propose  therefore  and  earnestly  recommend  to  you. 
Gentlemen,  to  pass  some  law  or  laws  for  the  encourage- 
ment of  your  own  building  and  navigation,  for  the  dis- 
couragement of  those  who  supplant  you  in  your  navigation 
by  laying  a  duty  of  tonnage  on  them,  and  for  putting  all 
flour  to  be  exported  under  a  strict  essay  and  inspection. 
This  will  prevent  frauds  and  abuses  in  bolting,  give  life 
to  the  expiring  hopes  of  your  ship  carpenters  and  other 
tradesmen,  recall  their  unwilling  resolution  to  depart  the 
Province,  and  encourage  others  to  come  into  it,  fill  your 
harbors  with  vessels  of  your  own,  inspire  your  youth  with 


WILLIAM  COSBY,  1734  247 

warm  inclinations  to  become  seamen,  and  by  giving  new 
vigor  to  a  declining  trade,  fill  your  country  with  riches  and 
spread  its  reputation  far  and  wide.1  / 

Nor  are  these  the  only  things  of  high  concern  that  I  have 
to  recommend  to  you;  the  safety  and  protection  of  the 
harbor  and  town  of  New  York  and  of  the  frontiers  are 
greatly  necessary,  nor  is  any  time  so  fit  to  guard  against 
future  enemies  as  a  time  of  peace.  How  long  the  present 
peace  may  continue  is  uncertain;  I  therefore  earnestly 
recommend  to  you  to  make  use  of  the  present  tune,  and  to 
give  a  sufficient  sum  for  the  erecting  a  battery  at  the  point 
of  rocks  by  Whitehall,  and  of  new  forts  at  Albany  and 
Schenectady.2  I  have  drawn*  such  plans  for  those  purposes 
as  I  think  will  best  answer  the  end,  and  made  an  estimate 
of  the  expense  which  I  will  order  to  be  laid  before  you; 
if  these  expenses  appear  large,  consider  the  benefits  that 
you  are  to  receive  from  them,  which  are  no  less  than  the 
defence  of  your  country  and  protection  of  your  families; 
and  let  the  management  of  the  money  be  put  into  frugal 
hands,  such  as  reside  constantly  in  the  respective  places, 
and  who  more  proper  than  the  representatives  or  some  of 
the  corporation  of  the  two  cities,  and  some  of  the  most 
substantial  inhabitants  of  the  other  town  where  there  is  no 
corporation,  and  let  a  strict  account  be  required  and  ren- 
dered of  the  disposal  of  it,  and  I  am  persuaded  you  will 
think  the  money  well  laid  out. 

If  any  branches  of  your  trade  be  overladen  with  duty,  I 
wish  some  effectual  method  would  be  taken  to  ease  them 
by  an  imposition  on  some  other  parts  better  able  to  bear  it, 


1  Two  acts   relating   to   commerce   and   navigation   were   passed  June  22d ; 
one,  chap.  611,  imposed  a  duty  of  tonnage  for  six  years  on  all  vessels  trading 
in  the  colony;  and  the  other,  chap.  612,  regulated  the  rates  to  be  taken  for 
ships  and  other  vessels  using  the  wharf  called  Burnetts  Key  in  the  city  of 
New  York. 

2  An  act,  chap.  610,  was  passed  June  22d,  providing  for  the  fortification 
of  Albany  and  Schenectady.    As  to  other  fortifications,  see  next  session,  special 
messages,  November  28th,  post,  p.  250. 


248  MESSAGES  FROM  THE  GOVERNOR. 

or  on  something  that  may  not  at  all  affect  trade.  For  my 
part  I  think  a  duty  upon  paper  to  be  used  in  the  law  and  in 
all  conveyances  and  deeds  of  every  denomination,  may,  if 
rightly  managed,  bring  a  considerable  sum  of  money  yearly 
to  the  treasury,  and  if  upon  trial  you  find  it  will  answer 
your  expectation,  you  may  then  ease  such  branches  of  trade 
as  most  want  it  of  so  much  as  that  duty  that  will  amount  to. 
I  propose  it  as  an  experiment,  with  no  other  view  than  for 
the  ease  and  encouragement  of  trade,  in  the  prosperity 
whereof  every  one  of  you  is  concerned;  but  as  it  is  uncer- 
tain what  such  a  duty  will  amount  unto  clear  of  all  charges, 
you  may  direct  the  money  arising  from  it  to  be  paid  into 
the  hands  of  the  Treasurer  and  there  lodged  till  by  an  act 
you  apply  it  to  some  particular  uses. 

I  see  with  concern  that  whilst  the  neighboring  Provinces 
are  filled  with  honest,  useful  and  laborious  white  people, 
the  truest  riches  and  surest  strength  of  a  country,  this 
Province  seems  regardless  of  the  vast  advantage  which 
such  acquisitions  might  bring  them  and  of  the  disadvan- 
tages that  attend  the  too  great  importation  of  negroes  and 
convicts.  These  things  are  worthy  your  consideration,  and 
require  your  speedy  attention,  as  the  greatest  good  is  to 
be  expected  from  one,  and  the  greatest  evil  to  be  appre- 
hended from  the  other. 

The  Six  Nations  of  Indians  are  often  in  want  of  smiths 
and  their  tools  to  mend  their  arms.  I  recommend  it  to  you 
to  make  provision  for  that  purpose.  The  French  not  only 
do  that,  but  constantly  send  some  men  of  art  and  interest 
to  reside  among  them,  furnished  with  brandy,  lead  and 
powder  which  they  give  from  time  to  time  to  the  Indians, 
whereby  they  ingratiate  themselves  with  them  and  alienate 
their  affections  from  us.  It  is  our  interest  to  defeat  the 
attempts  of  the  French  by  the  like  acts  and  to  preserve  the 
friendship  of  the  Six  Nations,  though  at  a  greater  expense. 

If  there  are  any  other  laws  wanting  for  the  defence  of 
the  Province,  for  the  advancement  of  trade,  for  the  encour- 


WILLIAM  COSBY,  1734.  249 

agement  of  husbandry,  or  for  promoting  manufactures, 
arts  and  sciences  among  you,  you  may  depend  upon  my 
cheerful  concurrence  with  you,  well  knowing  that  I  cannot 
recommend  myself  to  his  Majesty,  the  b'est  of  Kings,  more 
effectually  than  by  promoting  the  happiness  and  pros- 
perity of  the  Province,  who  being  full  of  affection  to  his 
people  and  tender  of  their  civil  and  religious  rights,  ex- 
pects from  them  the  grateful  return  of  loyalty  and  duty  to 
his  person  and  reverence  and  submission  to  his  just  pre- 
rogative and  authority. 

W.  COSBY. 

SPECIAL  MESSAGES. 

April  29.  Transmitting  plans  for  a  battery  at  the  rocks 
at  Whitehall,  estimated  to  cost  twelve  thousand  pounds, 
also  a  plan  for  a  fort  at  Albany  to  cost  five  thousand 
pounds,  and  a  fort  at  Schenectady  to  cost  three  thousand 
pounds.  (See  note  2.) 

May  1.     Thanking  the  Assembly  for  its  address. 

May  4.  Transmitting  a  revised  estimate  of  the  cost  of 
fortifications,  namely,  the  battery  at  Whitehall  eleven 
thousand  ten  pounds,  the  fort  at  Albany  three  thousand 
nine  hundred  twenty-five  pounds,  and  the  fort  at  Schenec- 
tady, two  thousand  six  hundred  sixteen  pounds,  thirteen 
shillings  one  pence;  also  papers  relating  to  Indian  affairs, 
including  information  relative  to  the  endeavors  of  the 
French  to  gain  the  Indians  over  to  their  interest.  (As  to 
fortifications,  see  note  2.) 

June  17.  Acceding  to  the  Assembly's  request  for  an 
adjournment  until  after  harvest,  and  urging  action  during 
the  present  week  on  all  important  legislation. 

June  20.  Promising  compliance  with  the  Assembly's  re- 
quest that  Col.  Philip  Schuyler  be  sent  with  a  smith  and  a 
present  to  the  Seneca  nation. 

June  22.  Recommending  that  the  Assembly  adjourn  to 
the  fourth  Tuesday  of  July  next.  The  Assembly  was  ad- 
journed accordingly. 


1734.     OCTOBER.     TWENTIETH  ASSEMBLY,  EIGHTH  SESSION. 


WILLIAM  COSBY,  Governor. 

The  Eighth  Session  opened  October  2d.  There  was  no 
speech  by  the  Governor. 

SPECIAL  MESSAGES. 

October  9.  Transmitting  a  communication  from  the 
Lords  of  Trade  requesting  the  Governor's  opinion  as  to 
' l  what  further  encouragements  may  be  necessary  to  en- 
gage the  inhabitants  of  the  British  colonies,  on  the  con- 
tinent of  America,  particularly  of  those  within  your  gov- 
ernment, to  apply  their  industry  to  the  cultivation  of  naval 
stores  of  all  kinds,  and  likewise  of  such  other  products  as 
may  be  proper  for  the  soil  of  the  said  colony,  and  do  not 
interfere  with  the  trade  or  product  of  Great  Britain." 

November  28.  The  Assembly  unanimously  requested 
the  Governor  to  dissolve  it  after  the  laws  passed  at  the 
session  had  been  published.  The  Governor  declined  to 
dissolve  the  Assembly. 

The  same  day  the  Council  and  Assembly  presented  to  the 
Governor  an  address,  requesting  his  approval  of  an  act 
authorizing  the  issue  of  bills  of  credit  for  twelve  thousand 
pounds,  the  proceeds  to  be  used  for  repairing  and  erecting 
fortifications  on  the  frontier  and  otherwise  preparing  for 
the  defence  of  the  colony.  The  Governor  approved  the  bill, 
saying,  however,  that  it  was  contrary  to  the  seventeenth 
item  in  his  instructions,  but  that  he  hoped  the  King  would 
approve  the  law  as  the  only  method  in  their  power  to  put 
the  colony  in  a  posture  of  defence.  (See  chapter  625, 
passed  November  28th,  relating  to  bills  of  credit,  and  chap- 
ter 626,  providing  for  fortifications.) 

The  Governor  recommended  that  the  Assembly  adjourn 
to  the  first  Tuesday  in  April,  1735,  and  the  Speaker  ad- 
journed the  Assembly  accordingly. 

[250] 


I 

1735.     OCTOBER.     TWENTIETH  ASSEMBLY,  NINTH  SESSION. 


WILLIAM  COSBY,  Governor. 

The  Assembly  had  been  adjourned  to  the  first  Tuesday 
in  April,  1735,  but  the  ninth  session  was  not  opened  until 
October  16th.  The  next  day  the  Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN. —  The  obligation  I  was  under  to  meet  the 
Six  Nations  of  Indians  at  Albany  to  renew  the  covenant 
chain  has  prevented  my  calling  you  together  sooner.  But 
that  the  garrison  of  Oswego  might  not  be  disappointed  of 
the  provisions  that  are  necessary  for  the  ensuing  year,  I 
did,  before  I  went  to  Albany,  with  the  advice  of  his 
Majesty's  Council,  direct  Mr.  D'Peyster  and  Mr.  Schuyler, 
who  signified  to  us  their  willingness  to  undertake  it,  to 
make  provision  before  the  winter  should  set  in,  promising 
them,  as  I  now  do,  to  recommend  it  to  you.1 

There  are  some  things  that  I  recommended  to  you  at 
your  last  sitting  which  require  your  further  and  effectual 
care,  particularly  the  encouragement  of  the  trade  of  the 
Province  and  the  peopling  it  with  honest  industrious  men. 
They  are  things  of  the  utmost  concernment  to  you,  wherein, 
as  in  all  other  things  for  his  Majesty's  service  and  the 
good  of  the  country,  you  may  depend  upon  my  concurrence. 

W.  COSBY. 

SPECIAL  MESSAGES. 

November  4.  At  a  joint  meeting  of  the  two  Houses,  the 
Governor  delivered  to  the  Speaker,  an  abstract  of  the  state 


1  An  act,  chap.  630,  was  passed  November  8th,  to  provide  for  expenses 
incurred  in  connection  with  the  trading  house  at  Oswego,  and  for  the  mainte 
nance  of  the  garrison  there. 

[251] 


252  MESSAGES  FROM  THE  GOVERNOR. 

of  the  revenue  from  March  1,  1733,  to  September  1,  1735, 
and  said: 

"  I  find  by  the  Treasurer's  accounts  of  the  present  state 
of  the  revenue,  that  there  is  already  a  large  deficiency,  and 
from  the  ensuing  season  of  the  year  it  may  be  apprehended 
that  it  will  be  much  augmented  before  your  next  meeting, 
if  some  timely  and  effectual  provision  be  not  now  made. 
Justice  and  your  own  honor  oblige  you  to  it,  and  the 
officers  of  the  Government,  whose  subsistence  depends 
upon  it,  and  his  Majesty's  service,  make  it  my  indispen- 
sable duty  to  recommend  it  to  you  in  the  strongest  manner. 
Things  of  this  nature  grow  worse  by  delay;  the  ways  and 
means  to  pay  a  large  debt  may  become  burthensome  to  the 
country,  whereas  a  timely  provision  will  not  be  felt. 

Had  I  known  of  this  at  your  first  meeting  I  had  then 
mentioned  it  to  you  and  not  have  troubled  you  at  this 
time."2 

November  4.  A  petition  was  presented  to  the  Assembly 
by  a  great  number  of  the  inhabitants  of  the  city  of  New 
York  "  setting  forth,  that  as  they  conceive  the  long  con- 
tinuance of  the  same  representatives  in  General  Assembly 
is  a  great  grievance,  and  that  the  frequent  election  of  them 
is  a  most  valuable  privilege,  and  therefore  flatter  them- 
selves, that  this  House  will  endeavor  all  they  can  to  obtain 
a  dissolution  of  this  present  Assembly." 

The  Assembly  ordered  that  the  petition  be  presented  to 
the  Governor,  and  that  he  be  informed  that  it  was  the 
unanimous  desire  of  the  Assembly  that  it  be  dissolved  after 
the  publication  of  the  laws  passed  at  the  present  session. 
The  Governor  replied  on  the  6th,  refusing  to  dissolve  the 
Assembly.  A  similar  request,  with  the  same  result,  made 
by  the  Assembly  on  its  motion  in  November,  1734,  has 
been  already  noted. 

November  8.  Recommending  that  the  Assembly  ad- 
journ to  the  last  Tuesday  in  March,  1736.  The  Assembly 
adjourned  accordingly. 


2  The  Assembly  adopted  a  resolution  on  the  8th  of  November  to  consider 
the  revenue  at  the  next  session. 


GOVERNOR'S  RELATION  TO  THE  LEGISLATURE. 

Near  the  close  of  Governor  Cosby 's  administration, 
differences  of  opinion  arose  as  to  his  right  to  sit  with  the 
Council  in  its  legislative  capacity.  It  seems  that  up  to  this 
time  it  had  been  the  custom  of  the  Governors  to  preside  in 
the  Council  when  it  was  acting  as  a  legislative  body,  and  it 
was  charged  against  Governor  Cosby  that  he  took  part  in 
the  debates  on  bills  and  voted  on  their  passage.  The 
result  of  this  practice  was  that  the  Governor  might  act  on 
a  bill  three  times,  namely,  he  might  vote  when  it  was  under 
consideration,  he  would  have  a  casting  vote  in  case  of  a  tie, 
and  finally  as  Governor  might  veto  the  measure. 

A  controversy  having  arisen  between  Governor  Cosby 
and  Rip  Van  Dam,  late  President  of  the  Council,  Mr.  Van 
Dam  in  December,  1733,  preferred  charges  against  the 
Governor,  alleging  maladministration  in  numerous  par- 
ticulars, including  his  participation  in  the  proceedings  of 
the  Council  while  it  was  acting  in  a  legislative  capacity. 
The  matter  came  finally  before  the  Lords  of  Trade,  who 
speaking  through  Secretary  Popple,  in  a  letter  to  Governor 
Cosby  dated  January  23/1736  (Col.  Doc.  vol.  6,  p.  39), 
following  the  opinion  of  the  Attorney-General  and  Solici- 
tor-General dated  January  15, 1735  (Col.  Doc.  vol.  6,  p.  41), 
defined  the  Governor's  relation  to  the  Colonial  Legislature 
as  follows: 

"  The  Council  sits  in  two  capacities,  viz.,  as  your  Coun- 
cil, to  advise  you  generally  in  all  political  cases,  and  in 
particular  cases  where,  by  your  instructions  you  are  re- 
strained from  acting  without  their  advice  and  consent:  in 
both  these  cases  you  are  to  sit  and  advise  with  them.  They 
likewise  sit  as  the  third  part  of  the  Legislature  and  in  that 
case  you  are  neither  to  sit  nor  vote  with  them.  Was  you 
to  do  it  upon  any  occasion  where  a  law  is  the  subject  of 
their  debate,  and  that  the  Councillors  being  divided  in 
opinion  the  law  should  either  be  passed  or  rejected  by  your 
single  vote,  it  would  in  fact  be  taking  away  the  privilege  of 
the  Council  in  vesting  two  of  the  three  parts  of  the  Legis- 

[253] 


254  MESSAGES  FROM  THE  GOVERNOR. 

lature  in  one  person,  and  consequently  destroying  that 
constitution  so  prudently  established  by  his  Majesty's 
commission  and  instructions  for  the  Government  of  his 
American  Colonies." 

On  the  suggestion  that  the  Governor  expected  that  bills 
passed  by  the  Assembly  should  be  presented  to  him  before 
being  laid  before  the  Council,  the  letter  says  as  a  third  part 
of  the  Legislature  is  vested  in  the  Governor,  he  has  "  an 
absolute  negative  upon  every  act  agreed  to  by  the  Council 
or  Assembly, ' '  and  therefore  he  is  not  to  expect  any  act  to 
be  presented  to  him,  until  it  shall  have  passed  both  the 
Council  and  Assembly. 

Concerning  the  suggestion  that  the  Governor  had  ad- 
journed the  Assembly  in  his  own  name,  he  is  reminded  that 
by  the  whole  tenor  of  his  instructions  he  is  to  act  in  the 
King's  name  and  not  his  own,  and  doubt  is  expressed 
whether  the  Governor  has  power  to  adjourn  the  Assembly, 
if,  however,  he  has  such  power,  it  must  be  exercised  in  the 
King's  name,  but  the  power  to  prorogue  or  dissolve  the 
Assembly  is  a  royal  prerogative  which  is  vested  in  the 
Governor. 

After  this  time  the  Council,  acting  in  its  legislative 
capacity,  was  an  indepedent  body  with  its  own  presiding 
officer,  and  the  Governor  did  not  participate  in  legislation 
except  to  act  on  bills  passed  by  both  houses. 


1736.     OCTOBER.     TWENTIETH  ASSEMBLY,  TENTH  SESSION. 


GEORGE  CLARKE,  President  of  the  Council,  and  Lieutenant- 

Governor. 

At  the  close  of  the  ninth  session,  the  Assembly  was  ad- 
journed to  the  last  Tuesday  in  March,  1736.  Governor 
Cosby  died  on  the  10th  of  March,  after  an  illness  of  about 
sixteen  weeks.  George  Clarke  as  President  of  the  Council, 


GEORGE  CLARKE,  1736.  255 

thereupon  became  the  executive  head  of  the  colony.  The 
Assembly  which  had  been  continued  by  adjournments  from 
time  to  time  met  on  the  13th  of  October.  Mr.  Clarke  was 
still  acting  by  virtue  of  the  authority  conferred  upon  him 
as  President  of  the  Council.  He  had  been  appointed  Lieu- 
tenant-Governor  by  a  commission  dated  July  13,  1736,  but 
the  commission  was  not  received  until  October  29. 
On  the  14th,  as  President,  he  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. — There  never  was  a  time  wherein  your  sit- 
ting was  more  necessary  than  the  present  to  heal  the  un- 
happy divisions  that  have  sprung  up  in  this  Province,  to 
provide  for  the  safety,  the  defence  and  prosperity  of  it,  to 
encourage  trade  and  navigation,  and  to  promote  the  raising 
and  manufacturing  such  commodities  as  may  be  advantage- 
ous to  yourselves,  and  useful  to  Great  Britain. 

You  have  by  a  resolve  of  your  House  engaged  the  public 
faith  (which  ought  ever  to  be  sacred)  to  make  good  the 
deficiencies  of  the  revenue,  and  I  promise  myself  from  your 
well  known  loyalty  and  duty  to  his  Majesty  that  you  will 
now  cheerfully  and  effectually  provide  for  it,  and  it  re- 
quires your  earliest  attention.1 

Ship  building,  which  in  some  of  your  neighboring  Prov- 
inces is  carried  on  to  a  large  extent  and  is  become  a  con- 
siderable part  of  their  returns  to  Great  Britain,  has  for 
many  years  been  much  neglected  and  little  used  in  this 
Province,  and  yet  nature  has  been  as  bountiful  to  us  as  to 
them  in  giving  us  as  many  materials  for  that  use,  a  fruitful 
soil  for  the  production  of  hemp,  and  a  cheap  and  safe  navi- 
gation for  all  from  most  parts  of  the  Province  to  this  city. 
As  this  is  of  the  greatest  importance  to  you,  I  earnestly 


1  The  Assembly  adopted  a  resolution  October  28th  declaring  that  it  would 
at  the  beginning  of  the  next  session  examine  the  deficiency  in  the  revenue, 
and  provide  ways  and  means  to  make  it  good.  November  6th  another  resolu- 
tion was  adopted,  postponing  until  the  next  session  all  other  matters  recom- 
mended in  the  speech. 


256  MESSAGES  FROM  THE  GOVERNOR. 

recommend  it  to  your  present  consideration,  that  by  a 
timely  and  effectual  provision  you  may  retrieve  that  bene- 
ficial branch  of  trade  and  carry  it  to  a  height  superior  to 
any  other  Province. 

The  markets  for  your  flour  (the  present  staple  of  the 
Province)  are  already  so  much  overdone  by  the  great  im- 
portations that  are  made  to  them  from  this  and  the  other 
northern  colonies  that  unless  some  manufactures  be  set 
on  foot  that  are  wanted  in  Great  Britain,  or  do  not  inter- 
fere with  theirs,  there  will  be  no  way  to  employ  the  people 
to  any  advantage.  Great  Britain  has  long  extended  her 
bounty  to  us  in  the  article  of  hemp,  but  we  have  not  yet 
taken  hold  of  it.  It  wants  some  further  encouragement, 
and  it  is  your  interest  (though  with  a  present  expense)  to 
lay  a  foundation  for  that  useful  and  valuable  manufacture. 
Some  of  your  neighboring  Provinces  have  done  it  and  reap 
the  happy  fruits  of  it. 

I  heartily  recommend  to  your  consideration  the  fortifica- 
tions now  on  foot  that  if  upon  inspection  of  the  accounts 
you  find  the  money  already  given  will  fall  short,  you  may 
effectually  provide  for  the  finishing  of  them. 

Fort  Hunter  is  in  a  very  ruinous  condition.  The  Pal- 
isadoes,  the  blockhouses  and  barracks  are  tumbling  down, 
and  hardly  to  be  repaired  at  a  less  charge  than  would  build 
a  new  one.  The  principal  end  for  which  it  was  built  being 
to  cover  the  Christian  settlements  then  made  and  to  en- 
courage others  to  be  made  in  that  part  of  the  Mohawk's 
country  is  happily  attained,  and  we  may  reasonably  expect 
the  like  good  effects  in  the  settling  the  rest  which  is  much 
the  greatest  part  of  the  Mohawk's  country.  If  a  new  fort 
be  built  on  the  carrying  place  at  the  upper  end  of  the  Mo- 
hawk's country,  and  the  garrison  of  Fort  Hunter  be  re- 
moved thither,  this  will  cover  the  whole  Mohawk's  country, 
fix  an  easier  communication  between  all  the  frontier  gar- 
risons from  Albany  to  Oswego,  be  a  safe  repositary  for  the 
goods  that  must  be  landed  there  in  passing  to  and  from 


GEORGE  CLARKE,  1736.  257 

Oswego,  and  be  a  sure  protection  to  that  trade  and  country 
at  all  times.    A  small  sum  of  money  will  do  the  work. 

The  house  at  Oswego  wants  some  present  repairs,  and 
the  upholding  it  is  of  such  consequence  to  the  trade  of  the 
Province  that  I  am  persuaded  you  will  think  it  highly 
necessary  to  put  it  in  such  a  condition  against  the  winter 
as  the  officers  and  soldiers  may  be  screened  from  the  in- 
clemency of  the  weather. 

The  commissioners  for  Indian  Affairs  having  represented 
to  me  that  there  was  a  necessity  of  sending  a  smith  and 
some  other  persons  to  reside  for  a  year  in  the  Sinneke's 
[Seneca's]  country  with  some  small  presents  to  secure  the 
fidelity  of  that  nation  to  us,  I  hope  you  will  make  proper 
provision  to  defray  that  expense. 

These  things  that  I  have  recommended  to  you  being  for 
his  Majesty's  honor  and  service,  for  the  encouragement 
and  advancement  of  trade,  and  the  general  good*  of  the 
country,  I  can  safely  and  will  cheerfully  concur  with  you 
in  them  as  I  shall  in  all  others  of  the  like  tendency.  They 
deserve  your  utmost  attention,  and  I  hope  you  will  give 
them  dispatch. 

I  make  no  doubt  but  that  you  are  come  with  minds  dis- 
posed to  consult  his  Majesty's  honor,  and  the  true  interest 
and  quiet  of  the  Province.  Let  therefore  your  debates  be 
guided  by  moderation,  make  things  of  a  private  and  inferior 
nature  give  way  to  those  of  a  public,  and  your  electors  will 
thank  you,  posterity  bless  you,  and  future  assemblies  make 
your  actions  a  rule  for  theirs. 

GEO.  CLARKE. 

SPECIAL  MESSAGES. 

October  16.  The  change  of  relations  between  the  Gover- 
nor, or  his  substitute  in  the  executive  office,  and  the  Council 
was  manifested  this  day  by  an  address  presented  by  the 
Council  to  President  Clarke,  which  was  quite  similar  to 
the  addresses  presented  by  the  Assembly.  President 
Clarke  thanked  the  Council  for  its  address,  and  expressed 
17 


258  MESSAGES  FROM  THE  GOVERNOR. 

the  hope  that  they  would  see  a  "  period  put  to  the  unhappy 
divisions  that  have  too  long  subsisted. ' ' 

October  20.  Transmitting  to  the  Assembly  a  petition 
from  several  inhabitants  of  Albany  for  the  appointment  of 
Charles  Kerr  as  surgeon  to  the  garrison  at  Oswego  * '  with 
a  large  salary  "  and  two  months  vacation;  also  a  petition 
of  the  inhabitants  settled  about  and  beyond  Fort  Hunter 

"  in  the  County  of  Albany,  setting  forth,  that  the  said 
Fort  was  built  to  protect  the  settlements  there  made,  and 
encourage  others  to  be  made  in  the  Mohawk's  country 
above  Schenectady ;  that  that  part  of  the  country  being  well 
settled,  and  that  Fort  quite  gone  to  decay,  they  are  humbly 
of  opinion,  if  the  garrison  at  the  said  Fort  were  removed 
to  the  carrying  place  at  the  upper  end  of  the  Mohawk's 
river,  it  would  in  a  few  years  have  the  like  good  effect,  by 
encouraging  people  to  settle  the  rest  of  the  said  country, 
which  will  be  very  advantageous  to  the  strengthening  the 
Frontiers. ' ' 

November  8.  Approving  a  joint  address  congratulating 
the  King  on  the  marriage  of  the  Prince  of  Wales  with  the 
Princess  of  Saxe-Gotha. 

November  10.  After  disposing  of  bills  passed  at  this 
session,  the  Lieutenant-Governor  prorogued  the  Assembly 
to  the  last  Tuesday  in  March,  1737.  It  will  be  observed 
that  the  Lieutenant-Governor  adopted  the  practice  sug- 
gested in  the  foregoing  communication  from  Secretary 
Popple  to  Governor  Cosby,  and  prorogued  the  Assembly 
instead  of  adjourning  it,  as  had  been  the  custom  up  to  this 
time. 


1737.     APRIL.    TWENTIETH  ASSEMBLY,  ELEVENTH  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

The  eleventh  session  convened  April  5.  On  the  same 
day  at  the  Council  Chamber  in  .Fort  George  in  the  presence 
of  both  Houses,  the  Lieutenant-Governor  delivered  the  fol- 
lowing 


GEORGE  CLARKE,  1737.  259 

OPENING  SPEECH. 

GENTLEMEN.— The  season  of  the  year  having  obliged  me 
to  put  an  end  to  your  last  session  before  several  matters 
by  me  recommended  to  you  were  provided  for,  you  came  to 
a  resolution  before  you  broke  up  to  take  them  into  con- 
sideration and  to  give  them  their  due  weight  at  your  next 
meeting,  and  I  hope  you  are  now  come  together  with  resolu- 
tions to  make  good  your  engagements;  both  his  Majesty's 
honor  and  service  and  the  happiness  and  prosperity  of  the 
Province  require  it  of  you. 

You  will  see  by  the  Treasurer's  accounts  that  there  is  a 
great  deficiency  of  the  revenue,  under  which  not  only  the 
officers  of  the  government  groan,  but  their  creditors  also 
suffer  extremely.  This  is  a  debt  contracted  during  this 
present  Assembly  by  the  insufficiency  of  the  funds  given 
for  support  of  government,  and  it  is  but  reasonable  to  ex- 
pect from  you  such  speedy  provision  as  may  soon  and 
effectually  pay  it.  Your  own  honor  is  plighted  for  it,  and 
I  am  persuaded  that  you  will  not  leave  that  to  be  done  by 
another  Assembly  which  you  ought  to  do  yourselves,  nor 
suffer  a  debt  to  grow  greater  which  you  have  the  power 
and  opportunity  to  discharge.  The  eyes  of  the  Province 
are  upon  you  expecting  a  speedy  event,  and  I  assure  myself 
that  you  will  make  all  your  actions  of  a  piece  with  your 
beginning,  honorable  and  worthy,  befitting  your  characters 
of  dutiful,  affectionate  and  loyal  subjects  to  the  best  of 
Kings,  whom  God  long  preserve. 

The  determination  of  the  present  revenue  drawing  nigh, 
I  earnestly  recommend  it  to  you  to  give  a  further  and 
honorable  revenue  to  his  Majesty  for  the  support  of  his 
government,  nor  do  I  doubt  of  your  cheerfulness  to  do  it. 
I  hope,  however,  that  you  will  take  some  methods  to  ease 
the  merchant  that  the  whole  burthen  may  not  lie  on  trade. 
It  is  necessary  and  the  planters  will  soon  find  the  benefit  of 
it,  for  it  is  on  the  increase  and  flourishing  condition  of 
trade  that  they  must  grow  rich. 


260  MESSAGES  FROM  THE  GOVERNOR. 

I  recommended  to  you  the  last  session  to  give  some 
proper  encouragement  for  raising  of  hemp,  and  promoting 
of  ship  building ;  I  now  add  to  them  that  of  iron.  They  are 
things  that  deserve  your  utmost  attention  and  call  for  a 
speedy  help. 

I  recommended  likewise  to  you  the  fort  in  the  Mohawks 
country,  the  house  at  Oswego  and  the  new  fortifications. 
The  first  is  tumbling  down,  the  second  in  a  ruinous  con- 
dition, the  third  calls  for  the  finishing  hand,  and  all  require 
your  effectual  and  immediate  care. 

These  being  things  that  his  Majesty's  honor  and  service 
and  the  defence,  security  and  prosperity  of  the  Province 
require  at  your  hands,  I  persuade  myself  that  you  will  now 
cheerfully  and  effectually  provide  for  them,  and  that  you 
will  likewise  give  a  sum  sufficient  to  put  in  good  repair 
that  part  of  the  barracks  in  his  Majesty's  fort  in  this  town, 
which  were  left  unfinished  when  the  rest  of  the  barracks 
were  repaired. 

The  artificers  complain  and  with  too  much  reason  of  the 
pernicious  custom  of  breeding  slaves  to  trades,  whereby 
the  honest  and  industrious  tradesmen  are  reduced  to 
poverty  for  want  of  employ,  and  many  of  them  forced  to 
leave  us  to  seek  their  living  in  other  countries.  It  deserves 
your  consideration,  and  I  hope  will  receive  a  present 
remedy. 

GENTLEMEN. — "VVe  have  the  pleasure  to  see  peace  restored 
to  this  once  divided  Province,  and  I  hope  that  by  your  as- 
sistance I  shall  be  able  to  put  it  in  a  more  flourishing  and 
prosperous  condition  than  ever  it  has  been.  My  best  en- 
deavor shall  be  directed  to  it,  and  I  make  no  doubt  that 
you  are  met  with  resolutions  to  contribute  everything  in 
your  power  towards  it. 

You  have  it  now  in  your  power  to  set  on  foot,  to  en- 
courage, to  raise  and  to  carry  to  a  great  height  several 
commodities  that  are  wanted  in  England,  such  as  will  em- 
ploy great  numbers  of  people  here,  give  life  and  vigor  to 


GEORGE  CLARKE,  1737.  261 

your  declining  trade  and  navigation,  raise  the  price  of 
lands,  enrich  the  farmer,  make  you  useful  to  your  mother 
country,  and  strongly  recommend  ypu  to  his  Majesty's 
grace  and  favor,  and  I  promise  myself  that  you  will  not  let 
slip  the  present  opportunity. 

Whatever  else  is  necessary  for  the  prosperity  of  the 
Province  wherein  my  concurrence  may  be  given,  you  may 
assuredly  expect  from  me.  Let  your  actions  be  guided 
by  moderation,  let  the  public  good  have  the  first  and  prin- 
cipal place  in  your  deliberations,  and  then  your  country 
may  hope  to  see  themselves  raised  from  their  present  con- 
dition to  an  height  of  riches  and  felicity  as  yet  unknown 
to  them. 

GEORGE  CLARKE. 

SPECIAL  MESSAGES. 

April  7.  Thanking  the  Council  for  its  address,  and  giv- 
ing assurance  of  his  zeal  in  the  service  of  the  Province. 

April  28.  The  Lieutenant-Governor  prorogued  the  As- 
sembly to  the  3d  of  May,  assigning  as  a  reason  that  the  As- 
sembly had  not  made  good  the  deficiency  in  the  revenue  as 
promised  by  several  resolutions,  "  and  had  voted  that  the 
moneys  to  be  raised  for  making  good  such  deficiencies 
should  be  appropriated  in  such  manner  as  by  bill  should 
be  directed  and  appointed  ' ' 

May  3.  The  two  Houses  being  in  joint  session,  the 
Lieutenant-Governor  addressed  the  Assembly  as  follows: 

"  Your  solemn  promises  in  repeated  resolves  of  your 
House  to  make  good  the  deficiencies  of  the  revenue,  obliged 
me  to  give  you  an  opportunity  of  performing  them,  and 
at  the  same  time  of  making  such  laws  as  are  much  wanted 
to  rescue  this  Province  from  its  declining  condition,  and  to 
put  it  in  a  more  flourishing  state ;  they  are  equally  necessary 
and  ought  to  go  hand  in  hand;  but  since  you  have  not  made 
the  proper  use  of  that  opportunity,  but  have  passed  some 
resolves  highly  derogatory  to  his  Majesty's  honor  and  just 
prerogative,  which  I  am  bound  to  maintain  and  support, 


262  MESSAGES  FROM  THE  GOVERNOR. 

I  am  no  longer  constrained  to  delay  my  gratifying  the 
desires  of  the  people  with  a  new  choice  of  representatives ; 
sooner  I  could  not  do  it  without  subjecting  myself  to  cen- 
sure ;  I  have  therefore  thought  fit  now  to  dissolve  you,  and 
I  do  accordingly  dissolve  you." 

No  laws  were  passed  at  this   session.     The  Twentieth 
Assembly  had  been  in  existence  about  nine  years. 


1737.    JUNE.    TWENTY-FIRST  ASSEMBLY,  FIRST  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

The  new  Assembly  met  June  15,  and  on  that  day  the 
Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.— As  his  Majesty's  honor  and  the  true  in- 
terest and  prosperity  of  the  Province  which  I  have  most 
warmly  at  heart  were  prevailing  motives  with  me  to  dis- 
solve the  last  Assembly,  I  am  highly  pleased  that  the  people 
have  made  the  right  use  of  the  opportunity  I  gave  them  in 
choosing  such  gentlemen  to  represent  them,  as  I  am  firmly 
persuaded  come  with  resolutions  to  answer  those  great  ends 
of  their  election. 

The  approaching  harvest  forbidding  me  to  expect  you 
could  at  this  time  sit  to  do  business,  I  take  that  opportunity 
to  meet  the  Six  Nations  at  Albany  to  renew  the  covenant 
chain,  and  to  endeavor  to  prevail  with  the  Sinneca's 
[Senecas]  to  revoke  a  promise  of  leave,  which  they  have 
unjustly  and  unadvisedly  given  to  John  Coeur,  a  French- 
man of  Canada,  to  build  a  house  in  their  country  at 
Tierondequat,  a  place  which  if  possessed  by  the  French 
will  enable  them  to  intercept  all  the  western  fur  trade  in 
its  way  to  Oswego.1  At  present,  therefore,  I  have  nothing 


For  the  Lieutenant -Governor's  report  of  his  negotiations  with  the  Indians, 
liis  speech  of  September  2. 


GEORGE  CLARKE,  1737.  263 

to  recommend  to  you  but  this,  that  every  one  in  his  respec- 
tive station  and  county  may  endeavor  to  carry  to  perfec- 
tion the  good  harmony  that  is  already  happily  begun  in 
the  Province,  to  which  nothing  shall  be  wanting  on  my  part, 
and  I  assure  myself  of  the  utmost  success  from  your 
assistance. 

GEO.  CLARKE. 

SPECIAL  MESSAGES. 

June  16.     Thanking  the  Assembly  for  its  address. 

June  16.  The  Lieutenant-Governor  being  obliged  to  go 
to  Albany  to  treat  with  the  Indians,  the  Assembly  at  his 
suggestion  adjourned  to  the  fourth  Tuesday  in  August. 

September  1.  After  several  adjournments,  the  Assem- 
bly resumed  business. 

September  2.  The  Lieutenant-Governor  delivered  the 
following 

SPEECH. 

GENTLEMEN.— With  pleasure  I  perceive  by  the  resolves 
of  your  house  in  June,  that  you  did  in  your  short  sitting 
of  two  days  enter  in  part  upon  the  consideration  of  the 
present  state  and  circumstances  of  the  Province.  This 
early  beginning  has  prevented  my  recommending  several 
things  to  you,  and  gives  me  hopes  that  the  future  course  of 
your  proceedings  will  be  directed  to  his  Majesty's  honor 
and  the  true  interest  of  the  Province.  When  they  are 
jointly  considered,  as  they  ought  to  be  inseparable,  we  may 
promise  ourselves  the  utmost  felicity.  Every  man's  pri- 
vate interest  must  partake  of  public  blessings,  and  that 
small  portion  that  I  have  among  you  will  naturally  lead 
me  to  grant  everything  that  may  promote  the  common 
good,  everything  that  is  in  my  power  to  grant.  More  than 
that  you  are  too  reasonable  to  expect,  nor  can  I  give  into 
without  departing  from  my  duty  to  his  Majesty  and  be- 
traying the  trust  reposed  in  me,  nor  can  you  receive  any 
benefit  by  it  could  I  be  drawn  to  such  a  conduct,  since  all 


264  MESSAGES  FROM  THE  GOVERNOR. 

your  bills  are  subject  to  his  Majesty's  disallowance.  My 
duty,  my  honor  and  my  inclination  bind  me  both  to  a  strict 
obedience  of  his  Majesty's  just  commands  and  royal  in- 
structions, to  maintain  and  support  his  rightful  preroga- 
tive, and  to  the  proper  administration  and  right  end  of 
government  in  protecting  his  Majesty's  subjects  of  this 
Province  in  the  full  enjoyment  of  their  civil  and  sacred 
rights  and  liberties,  wherein  it  shall  be  my  constant  study 
and  unwearied  endeavor  to  persevere. 

The  deficiencies  of  the  revenue,  under  which  the  officers 
of  the  government  and  their  creditors  groan,  call  for  your 
early  attention,  and  from  your  justice  and  honor  I  hope  to 
see  speedy  and  ample  provision  made  for  them.2 

The  well-known  loyalty  of  this  Province  to  the  Crown 
and  their  zealous  affection  to  his  present  Majesty,  the  best 
of  Kings,  and  his  royal  and  illustrious  house  have  ap- 
peared conspicuous  on  every  occasion,  and  in  nothing  more 
than  in  the  support  of  government,  which  the  Assembly 
have  at  all  times  given  to  his  Majesty,  and  I  assure  myself 
that  your  loyalty,  zeal,  and  affection  are  nothing  short  of 
theirs  who  have  gone  before  you.  In  this  confidence  I  do, 
with  most  assured  hopes  of  success,  earnestly  recommend 
to  you  to  give  to  his  Majesty  a  further  and  honorable 
revenue  for  the  support  of  his  government,  such  and  for 
such  time  at  least  as  former  Assemblies  have  given,  wherein 
I  hope  that  a  due  regard  will  be  had  to  trade.3 

The  house  at  Oswego  is  in  a  ruinous  condition  and  wants 
a  present  and  thorough  repair.  I  daily  expect  a  more  par- 
ticular account  of  its  present  condition  from  the  officer 
whom  I  have  sent  to  command  there,  and  when  I  receive 
it  I  will  order  it  to  be  laid  before  you,  that  you  may  the 
better  judge  of  the  sum  it  will  require  to  repair  it.  It  is  a 


2  An  act,  chap.  666,  was  passed  December  16th,  authorizing  the  issue  of  bills 
of  credit  for  payment  of  the  debts  of  the  colony. 

3  An  act  for  the  support  of  government,  chap.  668,  was  passed  December  16th. 
The  act  was  to  be  in  force  during  the  calendar  year  1738. 


GEORGE  CLARKE,  1737.  265 

place  of  great  importance  to  the  fur  trade,  which  under  a 
better  economy  may  be  carried  to  a  greater  extent,  and  I 
hope  you  will  make  further  provision  for  the  support  and 
maintenance  of  the  house  and  garris6n.4 

When  I  went  to  Albany  to  meet  the  Six  Nations  I  was 
not  without  hopes  of  getting  them  to  revoke  the  promise  of 
leave  which  they  had  given  to  the  French  interpreter  to 
build  a  house  at  Tierondequat  in  the  Sinneca's  country, 
and  of  obtaining  from  them  an  absolute  conveyance  of  some 
land  to  build  a  fort  on  in  that  place,  and  of  as  much  more 
as  might  be  sufficient  to  raise  provision  for  the  victualling 
that  garrison  and  Oswego  too,  which  would  save  the  country 
much  money  and  secure  to  us  the  fidelity  of  the  Six  Nations 
in  all  events.  How  I  have  succeeded  in  part,  and  how  in 
other  parts  my  intentions  have  been  defeated,  will  appear 
by  the  papers  which  I  shall  order  to  be  laid  before  you. 
All  that  I  could  then  do  was  to  send  the  interpreter,  a 
smith  and  three  other  men  to  the  Sinneca's  country,  there 
to  reside  the  ensuing  year  to  keep  the  Indians  steady  to 
their  promise  not  to  suffer  any  Frenchmen  to  build  in 
their  country,  and  I  hope  you  will  make  suitable  provision 
for  that  expense.5 

Fort  Hunter  in  the  Mohawks  country  is  tumbling  down, 
and  that  part  of  the  barracks  in  Fort  George,  which  for 
want  of  money  was  left  unfinished  when  the  rest  of  the 
barracks  were  repaired,  will  soon  be  in  as  bad  a  condition 
if  some  care  be  not  speedily  taken  to  repair  it.  I  therefore 
earnestly  recommend  them  to  your  present  consideration, 
as  I  do  likewise  the  new  fortifications  which  want  the  finish- 
ing hand. 


*  By  an  act,  chap.  665,  passed  December  16th,  provision  was  made  for  the 
maintenance  of  the  garrison  at  Oswego,  and  for  needed  repairs  to  the  buildings 
there,  and  the  regulation  of  the  fur  trade. 

5  Appropriations  for  expenses  incurred  in  negotiations  with  the  Indians  were 
made  by  the  act,  chap.  666,  passed  December  16th,  providing  for  bills  of  credit 
for  the  payment  of  public  debts. 


266  MESSAGES  FROM  THE  GOVERNOR. 

Whatever  else  you  may  judge  necessary  for  the  tran- 
quility,  prosperity  and  security  of  the  Province  wherein 
my  concurrence  may  be  necessary  and  which  I  may  safely 
give,  you  may  with  confidence  expect,  for  it  will  be  an  in- 
expressible pleasure  to  me  to  see  trade,  navigation  and  ship 
building  increase  and  flourish,  manufactures  that  may  be 
useful  to  Great  Britain  and  beneficial  to  the  Province  set 
on  foot  and  carried  to  perfection,  the  country  replenished 
with  white  people,  and  a  general  benevolence  and  harmony 
take  place  again  throughout  the  Province.  These  are 
things  that  are  much  wanted  and  universally  wished  for, 
hitherto  neglected  or  not  enough  thought  of,  for  want  of 
that  public  spirit  which  is  absolutely  necessary  to  make  a 
country  flourish.  They  are  greatly  in  your  power,  and  if 
the  good  understanding  that  is  happily  begun  continues  to 
subsist  between  the  several  parts  of  the  Legislature,  as  I 
hope  it  will,  I  make  no  doubt  but  the  Province  will  soon 
reap  the  fruits  of  it,  and  find  their  expectations  (from  the 
choice  they  have  made  of  you  their  representatives)  fully 
answered,  posterity  feel  the  happy  effects  of  it,  and  we 
shall  all  recommend  ourselves  to  his  Majesty's  grace  and 
favor,  who  makes  the  happiness  of  his  people  his  first  care 
and  greatest  glory. 

GEO.  CLAEKE. 

SPECIAL  MESSAGES. 

September  3.  Promising  to  appoint  a  sergeant-at-arms 
for  the  Assembly  pursuant  to  its  request. 

September  8.  Approving  the  Assembly's  address  con- 
cerning numerous  subjects  of  legislation,  including  recom- 
mendations for  free  elections  and  frequent  elections  of  the 
Assembly.  Concerning  official  terms,  the  address  says 

* '  No  government  can  be  safe  without  proper  checks  upon 
those  intrusted  with  power,  and  the  wisest  governments 
where  the  Chief  Magistrates  were  elective  took  especial 
care  that  it  should  not  continue  long  in  the  same  hands, 


GEORGE  CLARKE,  1737.  267 

experience  having  taught  them,  that  men,  how  muchsoever 
esteemed,  had  really  not  virtue  enough  for  so  great  a  trust, 
and  generally  used  it  ill  when  they  had  it." 

England's  example  in  requiring  frequent  elections  of 
members  of  Parliament  was  cited  as  a  reason  for  a  similar 
rule  in  New  York,  and  the  Lieutenant-Governor  was  urged 
to  give  favorable  consideration  to  a  bill  for  frequent  and 
regular  elections  of  members  of  Assembly.6 

The  address  also  recommended  the  continuance  of  an 
agent  at  the  court  of  Great  Britain,  and  asked  that  the  legis- 
lature might  participate  in  the  creation  and  regulation  of 
courts.7  The  address  assured  the  Lieutenant-Governor 
that  he  need  not  expect  that  the  Assembly  would  ' '  raise 
sums  unfit  to  be  raised,  or  put  what  we  shall  raise,  in  the 
power  of  a  Governor  to  misapply,  if  we  can  prevent  it; 
nor  shall  we  make  up  any  other  deficiencies,  than  what  we 
conceive  are  fit  and  just  to  be  paid,  or  continue  what  sup- 
port or  revenue  we  shall  raise  for  any  longer  time  than  one 
year."  The  Assembly  thus  announced  the  policy  of  an- 
nual appropriations.  (See  note  3.)  Several  other  sub- 
jects which  had  been  already  mentioned  several  times  in 
the  Lieutenant-Governor's  speeches  were  considered  in  the 
address. 

September  28.  Transmitting  to  the  Assembly  letters  re- 
lating to  affairs  at  Oswego. 

December  16.  After  disposing  of  bills  the  Lieutenant- 
Governor  said: 

"  The  harmony  that  subsists  between  the  several 
branches  of  the  Legislature,  will,  I  hope,  establish  an  uni- 
versal benevolence  throughout  the  Province,  and  put  it  in 
a  more  prosperous  and  flourishing  condition  than  it  has 

«  An  act,  chap.  650,  was  passed  December  16th,  limiting  the  terms  of  mem- 
bers of  Assembly  to  three  years.  The  same  act  provided  for  annual  meetings 
of  the  Assembly,  and  required  a  new  Assembly  to  be  called  within  six  months 
after  the  dissolution  of  an  Assembly.  For  the  royal  veto  of  this  act  see  1739, 
special  message  of  April  9th,  post,  p.  279. 

7  An  act,  chap.  656,  to  establish  and  regulate  courts  to  determine  causes  of 
forty  shillings  and  under,  was  passed  December  16th. 


268  MESSAGES  FKOM  THE  GOVERNOR. 

yet  known;  that  event  will  complete  my  utmost  wishes,  as 
my  highest  aim  has  been  to  restore  tranquility  to  the 
country,  and  to  raise  its  head  from  the  drooping  situation 
it  was  lately  in. 

GENTLEMEN  OF  THE  ASSEMBLY. —  I  return  you  my  thanks 
for  the  regard  which,  with  justice,  you  have  had  to  his 
Majesty's  honor  in  making  good  the  deficiencies  of  the 
revenue;  and  I  promise  myself  that  the  same  duty  and 
loyalty  with  which  you  have  now  acted  will  at  your  next 
meeting  inspire  you  with  resolutions  to  give  an  honorable 
and  ample  revenue  to  his  Majesty  for  the  future  support 
of  his  government,  since  the  advanced  season  of  the  year 
will  not  allow  you  time  to  do  it  now. ' ' 

December  16.  At  the  Lieutenant-Governor's  suggestion 
the  Assembly  adjourned  to  the  first  Tuesday  in  April,  1738. 


1738.    SEPTEMBER.     TWENTY-FIRST  .ASSEMBLY,   SECOND    SESSION 


GEORGE  CLARKE,  Lieutenant-Governor. 

Seven  members  met  on  the  4th  of  April,  but  a  quorum 
not  being  present,  the  Assembly  adjourned  to  the  5th,  and 
on  that  day  the  Lieutenant-Governor  prorogued  it  to  the 
6th  of  June.  A  quorum  did  not  appear  that  day,  and  the 
Lieutenant-Governor  again  prorogued  the  Assembly  to 
the  29th  of  August.  The  Assembly  still  lacked  a  quorum, 
and  an  adjournment  was  taken  till  the  first  of  September. 
It  again  adjourned  to  the  second,  and  then  to  the  4th.  On 
that  day  the  Assembly  adopted  the  following : 

' '  Whereas  it  hath  been  doubted  by  some  members  of 
this  House,  whether  by  the  last  prorogation  of  this  House, 
and  the  meeting,  and  adjournment  of  the  same  on  Tuesday 
last,  this  House  was  dissolved;  and  this  matter  being  de- 
bated for  three  days,  and  maturely  considered  (nineteen 
members  being  present)  it  is  Resolved,  Nemine  Contra- 
dicente,  That  this  House  was  not  dissolved,  either  by  the 
said  prorogation,  meeting  or  adjournment,  and  that  this 
House  does  now  lawfully  and  rightfully  exist,  and  hath 
a  being." 


GEOKGE  CLABKE,  1738.  269 

The  records  do  not  show  the  reasons  assigned  for  the 
doubt  as  to  the  validity  of  the  prorogation. 

September  5.  The  Lieutenant-Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN.— Since  we  last  were  together  we  have  had 
the  most  afflicting  news  of  the  death  of  her  Majesty  Queen 
Caroline,  a  Princess  endowed  with  so  many  royal,  benefi- 
cent and  amiable  virtues  that  no  distance  of  time  can 
efface  the  remembrance  of  them.  Though  your  meeting 
together  now  gives  a  late  opportunity  of  dutifully  and 
gratefully  declaring  the  sense  the  people  of  this  Province 
have  of  their  irreparable  loss,  I  am  confident  none  of  his 
Majesty's  most  dutiful  subjects  who  have  made  the  earliest 
declarations  of  their  grief  are  more  sincere  in  their  con- 
dolence with  our  most  gracious  sovereign  on  this  ever  to 
be  lamented  event.1 

GENTLEMEN  OF  THE  ASSEMBLY. — You  know  that  more 
than  a  year  is  now  expired  without  any  support  of  his 
Majesty's  government  in  this  Province,  by  a  practice  not 
warranted  by  the  usage  of  former  Assemblies,  nor  con- 
sonant to  the  grateful  returns  which  a  dutiful  people  owe 
to  the  paternal  and  indulgent  care  and  affection  that  the 
King  has  on  all  occasions  manifested  in  promoting  the 
welfare  of  his  people  and  in  securing  their  religious  and 
civil  rights  and  liberties.  His  Majesty  expects  that  you  will 
give  a  revenue  as  large,  and  for  as  long  a  time  as  former 
Assemblies  have  done. 

It  appears  by  the  Treasurer's  accounts  that  the  funds 
appropriated  for  sinking  the  bills  of  credit  struck  in  the 
years  1714  and  1717,  are  now  about  seventeen  thousand 
pounds  deficient,  which  fund  will  expire  next  year. 


1  The  Lieutenant-Governor,  Assembly  and  Council  joined  in  an  address  of 
condolence  to  the  King  on  the  death  of  the  Queen.  No  laws  were  passed  at 
this  session. 


270  MESSAGES  FROM  THE  GOVEKNOE. 

The  securing  the  credit  of  your  paper  money  deserves 
your  immediate  consideration.  As  it  is  a  matter  of  the 
highest  concern  to  the  Province,  I  will  give  my  assent  to 
an  act  to  continue  the  excise  for  sinking  of  those  bills 
when  at  the  same  time  you  give  his  Majesty  as  ample*  a 
revenue  for  supporting  his  government  here,  and  for  as 
long  a  time  as  former  Assemblies  have  done;  more  than 
that  cannot  be  expected  from  me,  nor  dare  I  give  into,  as 
the  paper  money  of  this  Province  receives  its  currency  and 
credit  from  the  authority  of  his  Majesty's  government. 
That  credit  cannot  be  supported  without  supporting  the 
government.  They  must  go  hand  in  hand. 

GENTLEMEN. — I  must  acquaint  you  that  there  is  a  stand- 
ing order  of  the  plantation  board,  that  no  person  be  heard 
there  in  support  of  bills  passed  in  the  plantations  unless 
he  makes  it  appear  that  he  be  agent  for  the  colony  in  whose 
behalf  he  applies.  Your  bills  will  be  liable  to  be  rejected 
upon  the  application  of  any  other  colony  who  shall  think 
themselves  aggrieved  by  any  act  passed  here,  if  no  person 
be  authorized  to  appear  for  you  on  such  occasions.  This 
lately  was  like  to  have  been  the  case  of*  the  tonnage  act 
passed  in  the  year  1734,  and  which  may  still  be  rejected, 
unless  you  appoint  and  furnish  an  agent  with  sufficient 
reasons  in  support  of  that  act.  It  is  therefore  necessary 
for  you  to  have  an  agent  ready  on  all  occasions  to  appear 
in  behalf  of  the  Province. 

GENTLEMEN  OF  THE  ASSEMBLY.— I  must  recommend  to 
you  the  finishing  of  the  new  fortifications  that  they  may  in 
all  events  be  in  a  condition  of  defence,  and  to  repair  that 
part  of  the  barracks  in  the  fort  which  were  left  unrepaired 
when  the  others  were  repaired. 

I  must  likewise  recommend  to  you  the  payment  of  those 
persons  whom  I  sent  to  reside  in  the  Sinnekes  country  to 
keep  the  Indian  nations  steady  to  their  fidelity  to  this 
government.  I  mean  the  payment  of  those  who  have  re- 
sided twelve  months  there,  as  well  as  of  the  others  that  are 
now  sent  upon  the  same  service  for  the  present  year. 


GEOHGB  CLAEKE,  1738.  271 

GENTLEMEN.—  In  the  last  place  I  recommend  to  you  una- 
nimity and  harmony  in  dispatching  those  things  which 
your  duty  to  your  King  and  country  requires  of  you. 

GEO.  OLAEKE. 

SPECIAL  MESSAGES'. 

September  12.  Transmitting  a  letter  from  Peter  Le 
Heup,  relative  to  the  recent  act  for  frequent  elections  of 
members  of  Assembly ;  also  a  letter  from  Secretary  Clarke, 
showing  that  the  agent  of  the  Bermudas  had  applied  to  the 
home  government  to  repeal  the  New  York  tonnage  act. 

September  21.  The  Lieutenant-Governor  sent  a  com- 
munication to  the  Speaker  of  the  Assembly,  setting  forth 
"  the  encroachments  of  the  French,  near  our  own  settle- 
ments at  the  Wood  Creek;  and  that  several  of  the  sachems 
were  gone  to  Quebec,  in  order  to  make  over  Tierondequat, 
to  the  French ;  and  also  a  copy  of  a  letter,  signed  by  several 
gentlemen  at  Albany,  to  his  Honor,  dated  August  the  30th 
last,  acquainting  him  with  the  designs  of  the  French,  in 
erecting  forts  near  our  own  settlements,  and  of  the  sachems 
making  over  Tierondequat,  to  Governor  Beauharnois,  who 
it  is  expected  will  erect  strong  buildings  there  next  spring, 
and  then  we  shall  be  inclosed  on  all  sides;  which  if  not 
timely  measures  be  taken,  may  prove  of  fatal  consequence 
to  the  Crown,  and  this  Province.'* 

October  11.  Proroguing  the  Assembly  until  the  12th  of 
October. 

October  13.  At  a  joint  meeting  of  the  two  Houses,  the 
Lieutenant-Governor  delivered  the  following 

SPEECH. 

"  Having  in  my  speech  of  the  5th  of  last  month,  recom- 
mended to  you  those  things  that  I  thought  necessary  to  be 
done  by  yon  this  fall,  I  now  refer  you  to  what  I  then  said ; 
since  that  time  I  have  received  information  that  the  French 
intend  speedily  to  make  some  settlements  at  or  near  the 
"Wood  Creek.  It  is  your  interest  to  defeat  their  designs, 
by  the  most  speedy  and  effectual  means,  which  I  think  can 


272  MESSAGES  FROM  THE  GOVERNOR. 

only  be  done  by  your  enabling  me  to  build  a  fort  there,  and 
by  encouraging  some  people  to  settle  in  that  part  of  the 
country.  There  are  several  now  in  this  Town  who  lately 
arrived  from  North  Britain,  willing  to  settle  with  their 
families  at  the  Wood  Creek,  but  being  poor  and  unable  to 
do  it  without  some  assistance,  I  therefore  recommend  to 
you  to  provide  for  their  support,  till  by  their  labor  they 
may  be  able  to  maintain  themselves;  upon  such  encourage- 
ment, I  have  a  fair  prospect  of  seeing  many  more  families 
imported  hither  from  that  country,  to  settle  at  the  same 
place. 

I  am  likewise  informed  that  several  sachems,  of  the 
Senekas,  are  gone  to  Quebec  to  treat  with  the  Governor  of 
Canada,  as  it  is  apprehended,  about  admitting  the  French 
to  settle  at  Tieonderoquat  in  their  Country ;  if  this  be  done, 
there  is  an  end  of  the  Oswego  trade,  for  the  French  may 
stop  almost  every  canoe  in  their  voyage  to  Oswego,  and 
will,  without  doubt,  in  time  become  masters  of  all  the  Six 
Nations,  the  consequences  whereof  are  but  too  obvious;  I 
am  persuaded  this  may  be  prevented,  and  the  Senekas 
brought  to  give  us  possession  of  Tieonderoquat  for  a  small 
consideration,  if  it  be  tendered  to  them  before  the  French 
are  actually  possessed  of  the  place.  It  is  a  thing  of  high 
importance,  and  requires  your  present  aid." 

October  19.  The  Lieutenant-Governor  being  informed 
that  the  Assembly  intended  to  '  *  tack  the  bill  for  the  con- 
tinuance of  the  paper  money  to  the  bill  for  the  support  of 
government,"  told  the  Speaker  he  could  not  pass  such  a 
bill  because  it  was  contrary  to  his  instructions  and  directed 
him  to  lay  before  the  Assembly  the  following  extract  from 
the  twelfth  instruction : 

' '  You  are  to  observe  in  the  passing  of  laws,  that  the  style 
of  enacting  the  same  be,  by  the  Governor,  Council  and 
Assembly,  and  no  other;  you  are  also  as  much  as  possible, 
to  observe  in  the  passing  of  all  laws,  that  whatever  may  be 
requisite  upon  each  different  matter,  be  accordingly  pro- 


GEORGE  CLARKE,  1738.  273 

vided  for  by  a  different  law,  without  intermixing  in  one 
and  the  same  act,  such  things  as  have  no  proper  relation  to 
each  other." 

The  Lieutenant-Governor  further  told  the  Speaker  that 
"  in  case  the  Assembly  would  support  his  Majesty's  govern- 
ment for  five  years,  he  would  continue  the  excise  for  that 
time. ' ' 

The  Assembly  unanimously  resolved  "not  to  pass  any 
bill  for  the  grant  of  moneys  for  support  of  government, 
but  with  assurance  that  the  bills  struck  and  issued  in  the 
years  1714,  and  1717,  as  also  the  excise  act,  be  continued 
from  the  first  day  of  November,  1739,  for  a  sufficient  num- 
ber of  years  to  cancel  and  destroy  those  bills."  This  action 
was  communicated  to  the  Lieutenant-Governor,  who  said 
"  he  could  not  give  his  assent  to  such  a  bill  unless  this 
House  would  settle  a  support  for  as  long  a  time,  and  in  as 
ample  a  manner  as  had  been  given  to  former  Governors, 
neither  could  he  consent  to  the  appropriation  of  the 
money.  ' ' 

October  20.  At  a  joint  meeting  of  the  two  houses,  the 
Lieutenant-Governor  addressed  the  Assembly  as  follows: 

"When  you  came  together  this  Fall,  I  was  not  without 
hopes  that  you  brought  with  you  hearty  dispositions  to 
consult  the  true  interest  of  your  country,  which  can  only 
be  attained  by  a  loyal  and  dutiful  regard  to  his  Majesty's 
honor,  in  the  support  of  his  Government,  since  it  is  from 
thence  only  that  you  can  hope  for  my  assent  to  such  laws 
as  the  People  whom  you  represent  expect  you  will  pre- 
pare for  it. 

You  cannot  but  know  that  there  are  many  things  of  great 
importance  to  the  Province  that  called  for  your  early  help, 
for  I  recommended  them  to  your  consideration.  On  some 
of  them  the  welfare  (I  was  going  to  say  the  fate)  of  your 
Country  in  a  great  measure  depends;  but  how  uncon- 
cerned you  have  been  about  them  the  People  whom  you 
represent  will  see  by  your  votes. 
18 


274  MESSAGES  FROM  THE  GOVERNOR. 

Ever  since  the  Revolution,  the  era  from  whence  we  may 
date  our  present  happiness  in  the  full  enjoyment  of  our 
civil  and  sacred  rights  and  liberties,  the  Assemblies  of  this 
Province  have  from  time  to  time  given  to  his  Majesty,  and 
his  Royal  Predecessors,  a  revenue  for  the  support  of  Gov- 
ernment for  a  Term  of  years;  what  I  asked  of  you  is  no 
more;  other  Assemblies,  prompted  only  by  their  duty  and 
their  zeal  and  affection  to  his  Majesty  and  his  royal  Pre- 
decessors, have  given  such  a  revenue  as  I  have  mentioned ; 
but  you  had,  besides  these  other  inducements  to  do  it;  you 
have  a  large  sum  of  paper  money  subsisting,  which  will  be 
next  year  without  any  fund  to  sink  it;  its  currency  will 
cease,  it  will  no  longer  pass,  but  become  as  waste  paper, 
and  hundreds  of  people  will  then  be  losers  by  it,  for  it  will 
probably  be  in  so  many  hands.  I  offered  to  continue  the 
sinking  fund  if  you  would  give  such  a  revenue  as  former 
Assemblies  have  all  along  given,  nor  was  there  anything 
new  or  unreasonable  in  the  demand.  The  example  of 
former  Assemblies,  your  duty  to  his  Majesty,  and  gratitude 
for  his  constant  protection  of  your  trade  and  country,  both 
by  land  and  sea,  at  a  vast  expense,  the  fruits  whereof  you 
reap,  ought  to  have  determined  you  to  accept  of  my  offer; 
but,  instead  of  expressing  your  gratitude  and  duty,  by  sup- 
porting his  Majesty's  government  as  former  Assemblies 
have  done,  you  sent  yesterday  two  of  your  members  to  ac- 
quaint me  that  it  was  unanimously  resolved  by  your  House, 
not  to  pass  any  bill  for  the  grant  of  monies  for  the  sup- 
port of  government,  but  with  assurance  that  the  bills  struck 
and  issued  in  the  years  1714  and  1717,  as  also  the  excise 
act,  should  be  continued  from  the  first  day  of  November, 
1739,  for  a  sufficient  number  of  years  to  cancel  and  de- 
stroy those  bills.  I  see  too  in  your  votes  of  yesterday,  in 
the  afternoon,  a  resolve  of  your  House  in  the  following 
words,  to  wit: 

*  Resolved,  That  in  the  Bill  ordered  to  be  brought  in  for 
the  further  supporting  this  Government  until  the  31st  of 


GEOKGE  CLARKE,  1739.  275 

December,  which  will  be  in  the  year  1739,  and  for  paying 
the  salaries  and  allowances  in  the  year  1737,  there  shall  be 
added  one  or  more  clauses  to  continue^  the  act  entitled  An 
act  for  laying  an  excise  on  all  strong  liquors  retailed  in 
this  Colony,  passed  in  the  twelfth  year  of  her  late  Majesty, 
Queen  Anne,  from  the  first  day  of  November,  1739,  for  such 
number  of  years  as  the  House  should  conceive  sufficient  to 
sink  and  cancel  the  bills  of  credit  which  were  struck  and 
issued  by  virtue  of  the  two  acts  commonly  called  the  Long 
Bills,  passed  in  the  years  1714  and  1717,  and  that  the  money 
to  arise  by  the  excise,  to  be  so  continued,  shall  be  applied 
for  sinking  and  cancelling  the  said  bills,  and  that  the  said 
bills  shall  remain  current  during  the  time  the  said  excise 
is  now  intended  to  be  continued. ' 

On  this  resolve  you  ordered  that  the  Committee  ap- 
pointed to  prepare  the  bill  first  mentioned,  do  add  proper 
clauses  therein  for  the  purposes  mentioned  in  the  fore- 
going resolution.  These  are  such  presumptuous,  daring 
and  unprecedented  steps,  that  I  could  not  look  upon  them 
without  astonishment,  nor  with  honor  suffer  you  to  sit  any 
longer;  I  have  therefore  thought  fit,  with  the  unanimous 
advice  of  his  Majesty's  Council,  to  dissolve  you,  and  you 
are  accordingly  dissolved." 


1739.     MARCH.     TWENTY-SECOND  ASSEMBLY,  FIRST  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

This  Assembly  met  March  27,  the  day  fixed  by  the  writs 
of  election,  and  on  that  day  the  Lieutenant-Governor  de- 
livered the  following 

OPENING  SPEECH. 

GENTLEMEN. — I  take  this  first  opportunity  to  congratu- 
late you  on  the  birth  of  a  Prince  of  his  Majesty's  royal 
and  illustrious  house,  an  event  propitious  to  the  protestant 


276  MESSAGES  FROM  THE  GOVERNOR. 

world  in  general,  and  more  especially  to  all  his  Majesty's 
dominions. 

GENTLEMEN  OF  THE  ASSEMBLY.—  I  issued  writs  for  the 
election  of  this  Assembly,  and  for  their  meeting  so  soon 
as  the  season  of  the  year  would  admit  of  it,  there  being 
many  things  that  require  your  early  attention,  and  I  hope 
you  have  brought  with  you  dispositions  equal  to  your  abili- 
ties, to  consult  his  Majesty's  honor,  and  the  true  interest 
of  the  people  whom  you  represent,  which  are  so  linked 
together  that  they  cannot  be  separated  without  evident  in- 
jury to  the  country.  Your  duty  and  allegiance  exact  the 
first,  and  the  other  is  expected  from  you  by  the  people. 
You  have  besides  these  obligations  many  other  that  ought 
to  excite  your  gratitude  to  the  best  of  Kings.  Your  trade 
and  navigation  are  secured  by  a  guard  ship,  your  frontiers 
and  settlements  by  a  land  force,  which  are  maintained  at 
a  great  expense  to  England,  while  you  reap  the  benefit  of 
his  Majesty's  bounty  and  goodness,  both  in  the  protection 
they  give  you,  and  in  the  large  sums  of  money  that  they 
expend  yearly  among  you.  You  are  happy  in  the  full  en- 
joyment of  your  sacred  and  civil  rights  and  liberties;  in  a 
word,  you  are  possessed  of  all  those  inestimable  blessings 
that  are  peculiar  to  Englishmen,  and  which  the  people  of 
other  countries  would  purchase  at  the  expense  of  all  they 
are  worth.  Being  in  this  happy  situation,  it  ought  to  be 
your  principal  care  to  show  your  gratitude  in  supporting 
his  Majesty's  government,  by  which  you  are  protected  in 
the  enjoyment  of  those  felicities.  Look  up  then  to  the 
great  example  of  a  British  parliament  who  express  their 
duty,  their  zeal  and  affection  to  his  Majesty,  by  devoting 
their  first  counsels  to  his  service,  in  giving  him  an  honor- 
able revenue.  Do  you  so  likewise,  and  then  you  may  with 
confidence  hope  for  the  continuance  of  his  royal  favor  in 
all  things  reasonable,  the  surest  means  to  make  you  a 
flourishing  people. 

There  is  now  a  long  arrear  due  for  the  support  of  govern- 
ment, the  yearly  amount  whereof  you  well  know.  I  there- 


GEORGE  CLAEKE,  1739.  277 

fore  earnestly  recommend  it  to  you  to  make  speedy  and 
ample  provision  for  the  payment  of  it,  and  give  to  his 
Majesty,  for  such  term  of  years  as  former  Assemblies  have 
done  before  you,  an  ample  and  honorable  revenue  for  the 
future  support  of  this  government,  which  his  Majesty  ex- 
pects from  you.1  Former  Assemblies  have  done  this  ever 
since  the  happy  revolution,  and  some  of  them  at  a  time 
when  the  Province  was  far  less  populous,  when  your  trade 
was  much  inferior  to  what  it  now  is,  and  when  a  detach- 
ment of  the  militia  was  yearly  sent  to  Albany,  at  a  large 
expense  to  the  colony,  to  defend  the  frontiers  against  the 
French,  with  whom  we  were  then  at  war ;  a  situation  widely 
different  from  the  happy  peaceful  state  wherein  you  now 
are,  and  which  I  hope  you  will  long  enjoy,  by  the  powerful 
influences  of  his  Majesty's  just  and  steady  measures, 
guided  by  the  most  consummate  wisdom. 

The  fort  in  the  Mohawk's  ,[or  "  Seneca's,"  according  to 
Assembly  Journal]  country,  and  one  part  of  the  barracks 
in  Fort  George,  will  tumble  down  if  they  be  not  speedily 
repaired.  I  therefore  recommend  it  to  you  to  make  effec- 
tual provision  for  those  purposes.  Your  own  interest  re- 
quires it  as  it  will  be  much  less  expense  to  repair  than  to 
rebuild  them.2 

I  have  again  sent  some  persons  to  reside  in  the  Sinneca's 
country  this  year  to  defeat  the  attempts  of  the  French,  who 
are  always  industrious  to  alienate  the  affections  of  the 
Indians  from  us;  and  I  make  no  doubt  (if  you  will  enable 
me)  of  obtaining  from  the  Sinnecas  some  land  at  Tieronde- 
quat  sufficient  to  erect  a  fort  on  and  to  raise  provisions  to 
victual  a  garrison,  which  will  be  of  great  use  in  that  place, 
both  in  securing  your  fur  trade,  and  the  fidelity  of  the  Six 
Nations;  and  as  they  are  matters  of  great  importance  to 
you,  they  require  your  present  attention. 


1  An  act  providing  for  the  support  of  government,  chap.  673a,  was  passed 
April  14th.    The  act  was  to  be  in  force  from  May  1,  1739,  to  December  1,  1740. 

2  A  fortification  act,  chap.  675,  was  passed  October  25,  1739. 


278  MESSAGES  FKOM  THE  GOVERNOR. 

This  is  the  year  that  the  Six  Nations  expect  of  course 
to  meet  me  at  Albany ;  but  as  the  late  Assembly  neglected 
to  give  the  usual  sums  of  money  for  that  service,  I  recom- 
mend it  to  you.  I  for  my  part  will  be  ready  to  meet  them 
there  if  you  enable  me,  and  I  hope  you  will  do  it  in  time, 
least  a  disappointment  of  their  expectations  should  shake 
their  fidelity  to  his  Majesty,  the  consequences  whereof  may 
prove  fatal  to  the  Province. 

The  peopling  of  that  part  of  the  country  to  the  north- 
ward of  Sarachtoga  [Saratoga]  will  be  of  great  advantage 
to  the  Province,  as  well  in  strengthening  the  frontier,  as 
in  enlarging  your  trade.  Several  families  arrived  here 
the  last  fall  from  North  Britain  who  are  willing  to  settle 
there,  and  more  are  expected  from  thence  this  year,  but  as 
they  are  poor  they  will  want  some  help  to  enable  them  to 
subsist  their  families  until  by  their  labor  they  can  raise 
provisions  to  subsist  themselves,  and  I  am  persuaded  that 
you  will  give  them  some  needful  assistance. 

GENTLEMEN.— I  have  received  his  Majesty's  disappro- 
bation, of  the  act  of  Assembly  passed  in  the  year  1737  for 
the  frequent  election  of  representatives  to  serve  in  general 
Assembly,  and  for  the  frequent  meeting  of  the  general  As- 
sembly so  elected,  a  copy  whereof  I  have  ordered  to  be 
laid  before  you  that  it  may  be  entered  in  your  journals. 

The  act  passed  in  the  year  1699  for  the  regulating  and 
returning  able  and  sufficient  jurors  being  expired,  I  recom- 
mend it  to  you  to  pass  a  bill  for  the  like  purpose,  and  that 
it  may  be  more  effectual,  you  will  do  well  to  consult  the 
laws  of  England  on  that  head,  and  to  make  it  as  agreeable 
thereto  as  the  circumstances  of  the  Province  will  admit  of, 
such  a  law  will  be  of  great  advantage  to  the  Province  in 
guarding  and  fencing  the  lives,  liberties  and  properties  of 
the  people  from  the  dangers  that  may  otherwise  threaten 
them,  and  such  a  law  too  ought  to  be  perpetual. 

GENTLEMEN  OF  THE  ASSEMBLY. — The  making  good  the  de- 
ficiencies of  the  revenue  and  giving  a  future  support  for  a 


GEORGE  CLARKE,  1739.  279 

term  of  years  require  at  this  time  your  most  serious  con- 
sideration, as  the  tranquility  and  prosperity  of  the  Prov- 
ince do  in  the  highest  degree  depend  thereon,  nor  is  your 
own  reputation  or  honor  less  concerned  therein,  since  your 
actions,  not  words,  must  be  the  measure  of  your  zeal  and 
affection  to  his  Majesty's  person  and  government.  You 
have  now  an  opportunity  to  show  that  your  zeal  and  affec- 
tion are  nothing  short  of  that  which  former  Assemblies 
have  manifested  on  the  like  occasions.  You  will  thereby 
too  have  opportunities  to  establish  a  perfect  and  lasting 
harmony  in  the  Province  and  to  gain  the  applause  of  every 
well  wisher  to  the  country  by  passing  such  bills  as  may  con- 
duce to  make  you  an  opulent  people.  Do  you  what  is  in- 
cumbent on  you  and  you  will  find  me  ready  to  assent  to 
such  bills  as  are  not  inconsistent  with  his  Majesty's  honor 
and  my  duty. 

GEORGE  CLARKE. 

SPECIAL  MESSAGES. 

April  7.  Thanking  the  Assembly  for  its  address,  the 
Lieutenant-Governor  said  "you  cannot  take  a  surer  way 
to  have  your  laws  approved,  than  by  making  them  agree- 
able to  those  of  England." 

April  9.  Transmitting  the  Kinr's  veto  of  the  act  "  for 
the  frequent  election  of  representatives  to  serve  in  General 
Assembly,  and  for  the  frequent  calling  and  meeting  of  the 
General  Assembly,  so  elected."  It  was  deemed  an  infringe- 
ment of  the  King's  prerogative  by  taking  away  his  un- 
doubted right  ' '  which  the  Crown  has  always  exercised,  of 
calling  and  continuing  the  Assembly  of  this  Colony  at  such 
times,  and  as  long  as  it  was  thought  necessary  for  the 
public  service."  (See  1737,  note  6,  ante,  p.  267.) 

The  same  day  the  Lieutenant-Governor  sent  a  message 
to  the  Council  thanking  it  for  its  address. 

April  14.  After  the  approval  of  two  acts,  the  Assembly 
requested  permission  to  adjourn  because  of  the  prevalence 


280  MESSAGES  PROM  THE  GOVERNOR. 

of  smallpox  in  the  city.  The  Lieutenant-Go  vernor  con- 
senting, a  recess  was  taken  until  the  fourth  Tuesday  in 
August. 


1739.    AUGUST.    TWENTY-SECOND  ASSEMBLY,   SECOND  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

The  Assembly  met  the  28th  of  August,  and  the  next  day 
the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. — At  the  opening  of  this  session  I  recom- 
mended to  you  many  things  of  high  importance  to  his 
Majesty's  honor  and  service  and  the  true  interest  of  the 
Province,  which  I  hope  you  will  now  most  seriously  con- 
sider, and  at  the  same  time  provide  for  the  finishing  of  the 
battery  in  this  city,  that  before  it  be  too  late  it  may  be  put 
in  such  a  condition  as  may  secure  you  from  the  attempts 
of  an  enemy.  The  Mohawks  are  very  uneasy  that  Fort 
Hunter  has  been  so  much  neglected,  and  if  it  be  not  out  of 
hand  rebuilt  or  repaired  I  fear  they  may  take  a  resolution 
to  leave  their  country  and  go  to  Canada.1 

As  my  thoughts  are  always  employed  to  make  this  a 
more  flourishing  country,  I  have  reflected  on  the  decay  of 
ship  building,  which  for  many  years  has  been  much  re- 
gretted, but  little  attempted  to  be  retrieved. 

Nature  has  been  very  bountiful  in  giving  you  in  a  better 
measure  than  to  your  neighbors  all  things  necessary  for 
so  beneficial  a  branch  of  trade,  beneficial  to  all  degrees  of 


i  The  Assembly,  as  noted  in  the  Special  Messages,  procured  from  the  Lieuten- 
ant-Governor estimates  of  the  expense  of  repairing  fortifications,  and  following 
the  receipt  of  this  information,  adopted  resolutions  to  provide  for  needed 
repairs  at  several  places  and  fix  the  amount  to  be  appropriated  for  such  pur- 
poses. A  law  on  this  subject,  chap.  675,  was  passed  at  the  next  session, 
October  25,  1739. 


GEORGE  CLARKE,  1739.  281 

men,  and  yet  almost  wholly  unthought  of  or  neglected.  I 
am  not  ignorant  that  many  causes  may  be  assigned  for  its 
decay,  some  of  which  and  particularly  one  it  is  not  in  the 
power  of  the  merchant  or  builder  at  present  to  remove,  nor 
do  I  see  any  other  way  whereby  a  remedy  may  be  applied 
than  by  your  aid.  If  the  demands  of  the  builder  be  higher 
than  in  the  neighboring  Provinces,  the  merchant  will  not, 
cannot  build  here  without  injuring  himself.  If  the  builder 
undertake  the  work  at  the  same  rate  that  is  given  in  the 
neighboring  Provinces,  he  complains,  and  I  fear  with  too 
much  truth,  that  he  labors  only  to  be  undone,  for  the  exces- 
sive wages  of  carpenters  which  he  must  be  obliged  to  hire 
for  want  of  apprentices  runs  away  with  his  profit,  and  he 
cannot  take  apprentices  being  unable  in  his  present  poverty 
to  maintain  them.  It  is  you  alone  who  can  apply  a  remedy 
to  this  evil,  and  you  may  do  it  at  a  very  small  annual 
expense,  for  I  am  persuaded  that  two  hundred  pounds  a 
year  given  to  ship  building  with  apprentices  at  the  rate  of 
eight  hundred  pounds  a  year  with  each  apprentice  for  six 
or  seven  years,  will  soon  revive  that  necessary  and  useful 
work.  It  will  make  ship  builders  willing  to  take  appren- 
tices, enable  them  in  their  present  necessities  to  maintain 
them  and  to  build  for  the  merchant  at  as  low  a  rate  as  in 
the  neighboring  Provinces,  and  from  such  a  nursery  of 
ship  carpenters  you  may  in  a  reasonable  time  hope  to  see 
that  branch  of  trade  grow  to  a  great  height.  You  will  then 
keep  among  you  many  thousand  pounds  which  are  now 
yearly  exported  out  of  the  Province  by  your  neighbors  who 
are  at  present  your  carriers.  It  will  enable  the  merchants 
and  factors  to  make  quicker  remittances  to  England  and 
give  new  life  and  vigor  to  trade  in  general,  the  good  effects 
whereof  every  man  in  the  Province  will  soon  feel,  nor  will 
any  part  of  the  money  thus  given  by  you  be  lost  to  the 
Province,  since  it  will  all  remain  and  circulate  in  it.  Some- 
thing is  absolutely  necessary  to  be  done  to  revive  this 
withering  branch  of  trade,  and  if  you  can  fall  upon  any 


282  MESSAGES  FKOM  THE  GOVERNOR. 

method  more  easy,  more  practicable  and  more  conducive 
to  that  end,  I  will  most  heartily  concur  with  you  in  it. 
Your  own  immediate  interest  requires  a  speedy  and 
effectual  remedy,  and  I  hope  you  will  not  let  this  session 
wear  away  without  applying  it. 

GENTLEMEN. —  The  Governor  of  the  Province  of  the 
Massachusetts  Bay  having  sent  me  a  vote  of  the  Assembly 
of  that  Province  and  wrote  to  me  himself  signifying  his 
and  their  desire  to  have  the  boundaries  of  the  two  Prov- 
inces settled  by  commissioners,  I  now  lay  those  papers  be- 
fore you,  hoping  that  you  will  enable  me  to  defray  the 
expense  of  that  work  on  the  part  of  this  Province,  that  the 
people  of  the  Massachusetts  may  be  confined  within  their 
proper  bounds,  the  peace  on  the  frontiers  preserved,  and 
the  inhabitants  of  those  parts  know  more  precisely  to 
whom  they  owe  their  obedience.  If  you  do  this  it  will  be 
necessary  that  a  law  be  passed  in  each  Province  to  make 
the  agreement  of  the  Commissioners  conclusive  to  both, 
and  when  I  know  your  resolutions  I  will  write  to  the  Gov- 
ernor of  the  Massachusetts  upon  it. 

The  soldiers  in  the  respective  garrisons  being  at  present 
without  bedding,  kettles,  bowls  or  platters,  I  earnestly 
recommend  it  to  you  to  make  at  this  juncture  some  pro- 
vision for  it,  as  well  as  for  powder,  until  stores  are  sent 
from  England.2 

GEO.  CLAEKE. 


SPECIAL  MESSAGES. 

August  29.    Transmitting  several  papers  referred  to  in 
his  speech. 


2  The  Assembly  adopted  a  resolution,  September  22,  expressing  the  opinion 
that  the  garrison  supplies  being  for  the  King's  regular  troops  should  not  be 
furnished  at  the  expense  of  the  Province. 


GEORGE  CLARKE,  1739.  283 

September  5.  Replying  to  the  Assembly's  request  for 
an  estimate  of  the  amount  required  to  put  the  colony  in  a 
posture  of  defence,  the  Lieutenant-Governor  presented  an 
estimate  as  to  the  battery  in  New  York  and  said  he  would 
present  other  estimates  as  soon  as  he  could  obtain  the 
needed  information. 

September  18.  Transmitting  further  estimates  of  the 
expense  of  repairing  fortifications,  the  Lieutenant-Gov- 
ernor said  he  hoped  that  when  the  Assembly  considered 
this  subject,  it  would  also  "  make  honorable  provision  for 
the  support  of  his  Majesty's  government,  in  as  ample  a 
manner  as  former  Assemblies  have  done,"  and  that  "  on 
those  terms  "  the  Assembly  would  always  find  him  ready 
to  pass  such  laws  as  may  be  for  the  good  of  the  country. 
He  also  said  that  the  victuallers  at  Oswego  complained  that 
their  warrants  had  not  been  paid  promptly  and  recom- 
mended that  the  Assembly  inquire  into  the  matter  and  take 
such  action  as  might  be  needed. 

October  2.  Transmitting  a  letter  from  Governor  Jona- 
than Belcher,  of  Massachusetts,  urging  immediate  action 
by  the  Assembly  relative  to  the  boundary  between  the  two 
Provinces. 

October  3.  Proroguing  the  Assembly,  the  Lieutenant- 
Governor  said: 

"  I  come  to  put  an  end  to  this  session,  and  to  give  you 
a  short  recess ;  I  was  in  hopes,  and  I  believe  every  reason- 
able man  expected,  that  at  this  juncture,  you  would  seri- 
ously have  laid  to  heart  the  true  interest  of  your  country, 
by  showing  your  duty  and  loyalty  to  his  Majesty,  in  sup- 
porting his  Government  in  an  honorable  manner,  from 
whence  you  might  assuredly  expect  my  assent  to  such  good 
laws  as  you  might  prepare  for  it;  your  constitution  is 
built  upon  a  plan,  as  nearly  resembling  that  of  England 
as  the  nature  of  the  thing  would  admit  of;  why  would  you 
not  then  tread  in  the  steps  of  a  British  Parliament?  Wise 


284  MESSAGES  FROM  THE  GOVERNOR. 

men  make  choice  of  the  best  examples  for  their  conduct; 
you  cannot  have  a  greater  or  better,  nor  can  your  wisdom 
be  more  conspicuous,  than  in  taking  that  of  a  British  Par- 
liament, who  though  they  have  ever  been  jealous  of  the 
rights  and  liberties  of  the  People,  yet  have  always  been 
zealous  and  forward  to  support  the  government  that  pro- 
tects them ;  they  look  upon  the  obligations  to  be  reciprocal ; 
and  as  they  expect  protection,  so  in  the  first  place  they 
support  the  government  that  it  may  be  able  to  give  it 
them;  they  know  the  right  and  prerogative  of  the  Crown, 
nor  do  they  attempt  to  invade  them.  They  give  a  gross 
sum  for  the  civil  list,  which  is  here  called  a  revenue  for  the 
support  of  government;  they  appropriate  it  to  that  use, 
but  do  not  touch  upon  the  application  or  disposition  of  it, 
that  being  the  legal  and  known  prerogative  of  the  Crown, 
and  the  deficiencies  are  made  good  in  the  like  manner. 

That  you  may  have  time  to  reflect  seriously  on  these 
things,  I  have  thought  fit  to  prorogue  you  to  the  9th  day 
of  this  present  month  of  October;  and  I  do  accordingly 
prorogue  you  to  the  9th  day  of  this  present  month  of  Octo- 
ber; on  which  day  you  are  to  meet  at  the  City  Hall,  and 
proceed  on  business,  the  government  having  been  long 
without  a  support,  and  the  people  wanting  many  things  for 
their  convenience;  these  ought  to  go,  and  must  go  hand  in 
hand;  a  proper  revenue  is  the  sinews  of  a  government,  but 
if  it  wants  strength,  how  can  it  give  protection? 

GEO.  CLARKE." 
The  Assembly  was  prorogued  to  October  9. 


1739.    OCTOBER.    TWENTY-SECOND  ASSEMBLY,  THIRD  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

The  Assembly  met  on  the  9th  of  October  according  to 
prorogation,  and  the  Lieutenant-Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN. —  The  short  prorogation  you  have  had  being 
intended  to  give  you  an  opportunity  to  reconsider  those 
things  which  at  your  last  sitting  I  recommended  to  you  for 
his  Majesty's  honor  and  the  interest  of  the  Province,  I  will 
not  give  you  the  trouble  of  a  repetition  but  refer  you  to 
them,  hoping  that  you  will  effectually  provide  for  them, 
wherein,  as  well  as  in  all  other  things  for  the  benefit  of  the 
Province,  you  shall  find  my  ready  concurrence.1 

GEO.  CLARKE. 

SPECIAL  MESSAGES. 

November  7.  Transmitting  the  King's  approbation  of 
a  private  partition  act  passed  in  1734. 

November  17.  At  the  Lieutenant-Governor's  sugges- 
tion, the  Assembly  adjourned  to  the*  second  Tuesday  in 
April,  1740. 


1740.    JUNE.    TWENTY-SECOND    ASSEMBLY,   FOURTH    SESSION. 

GEORGE  CLARKE,  Lieutenant-Governor. 

On  the  8th  of  April  eight  members  met  and  adopted  a 
resolution  reciting  that  there  was  no  urgent  necessity  for  a 


i  An  act  for  building  fortifications,  chap.  675,  was  passed  October  25th. 

An  act  for  the  support  of  government,  chap.  677,  was  passed  November  17. 
This  subject  had  been  considered  and  earnestly  recommended  by  the  Lieutenant- 
Governor  in  his  opening  speech,  and  also  in  a  special  mesage  at  the  preceding 
session.  The  act  was  to  be  in  force  one  year  from  December  1,  1739. 

•    [285] 


286  MESSAGES  FROM  THE  GOVERNOR. 

session  until  after  harvest  and  seed  time,  but  ' '  by  reason 
of  the  uncertain  state  of  affairs  in  Europe,"  it  was  be- 
lieved that  the  second  Tuesday  of  May  would  be  early 
enough.  The  Lieutenant-Governor  concurring,  the  Assem- 
bly adjourned  to  the  second  Tuesday  of  May.  The  Assem- 
bly met  May  13th,  when  another  resolution  was  adopted, 
again  declaring  that  there  was  no  necessity  to  proceed  upon 
business  until  after  harvest,  "yet  as  his  Majesty  is  en- 
gaged in  an  actual  war,  it  may  be  prudent  to  make  a 
shorter  adjournment."  It  was  also  suggested  that  the 
Lieutenant-Governor  intended  to  renew  the  treaty  of 
friendship  with  the  Six  Nations  of  Indians  at  Albany,  and 
that  therefore  the  adjournment  should  be  to  such  a  time  as 
he  might  think  proper.  Concerning  the  proposed  adjourn- 
ment the  Lieutenant-Governor  said: 

"  I  agree  with  this  opinion  of  the  House,  but  as  an 
Adjutant-General  is  daily  expected  from  England,  for  rais- 
ing volunteers  on  this  continent,  upon  an  expedition 
against  some  Spanish  settlements  in  the  West  Indies,  it 
would  be  improper  that  I  should  be  absent  from  this  City 
when  that  Gentleman  arrives;  for  which  reason,  I  have 
foreborn  to  appoint  a  time  for  the  Six  Nations  to  meet  me 
at  Albany;  I  do  however  approve  of  a  further  adjourn- 
ment, and  desire  the  House  will  accordingly  adjourn  itself 
to  the  third  Tuesday  in  June  next." 

The  Assembly  adjourned  accordingly.  The  Assembly 
met  June  17th,  and  adjourned  to  the  30th,  at  which  time 
the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  His  Majesty  having  been  called  upon  by 
repeated  provocations  to  declare  war  against  Spain,  and 
being  determined  by  God's  assistance  in  so  just  a  cause  to 
vindicate  the  honor  of  his  imperial  crown,  to  revenge  the 
injuries  done  to  his  subjects,  to  assert  their  undoubted 
rights  of  navigation,  and  by  all  possible  means  to  attack, 
annoy  and  distress  a  nation  that  has  treated  his  people 


GEORGE  CLARKE,  1740.  287 

with  such  insolence  and  barbarity,  has  given  orders  for  the 
equipping  and  setting  forth  of  an  expedition  against  the 
territories  of  the  Catholic  King  in  the  West  Indies,  which 
will  consist  of  a  large  squadron  of  ships  of  war,  and  of  a 
considerable  body  of  land  forces  with  a  suitable  train  of 
artillery,  store  ships  and  all  things  requisite,  and  has  like- 
wise given  orders  to  raise  a  body  of  troops  in  his  Majesty's 
colonies  on  the  continent  of  North  America  to  join  those 
to  be  sent  from  England  at  a  particular  rendezvous.  I 
have  in  obedience  to  his  Majesty's  commands  taken  the 
best  measures  in  my  power  to  invite  and  encourage  his 
Majesty's  faithful  subjects  in  the  Province  cheerfully  to 
enlist  in  his  Majesty's  service  for  this  expedition,  but  it 
is  in  your  power  to  do  much  more  by  giving  a  bounty  to 
every  man  who  enlists  in  this  service,  and  I  am  persuaded 
it  will  be  such  as  will  show  the  world  that  you  will  not  be 
behind  the  most  zealous  of  his  Majesty's  subjects  in  pro- 
moting this  glorious  enterprise.  Now  although  by  the 
success  of  this  expedition  the  commerce  and  navigation  of 
this  Province  to  and  from  the  West  Indies  will  not  only 
be  secured  but  greatly  increased  by  the  large  possessions 
which  by  the  blessing  of  God  on  his  Majesty's  arms  will 
fall  into  his  Majesty's  hands,  and  although  by  such  acqui- 
sitions a  door  will  be  opened  for  a  larger  consumption  of 
provisions  (the  staple  of  this  Province)  whereby  the 
farmer  as  well  as  the  merchant  may  be  greatly  enriched, 
yet  it  is  but  little  that  his  Majesty  expects  from  his  dutiful 
and  loyal  subjects  of  this  Province  towards  the  expense 
of  this  expedition,  and  I  am  commanded  by  his  Majesty 
to  recommend  it  to  you  in  his  name,  as  I  do  most  earnestly, 
that  you  provide  victuals,  transports  and  all  other  neces- 
saries for  the  troops  to  be  raised  in  this  Province,  except 
clothes,  tents,  arms,  ammunition  and  pay,  till  their  arrival 
at  the  general  rendezvous  in  the  West  Indies,  from  which 
time  the  said  transports  are  to  enter  into  his  Majesty's 
pay,  in  the  doing  whereof  I  hope  you  will  lose  no  time  that 
the  expedition  may  not  be  retarded.  His  Majesty's  cxpecta- 


288  MESSAGES  PBOM  THE  GOVEBNOR. 

tions  are  so  just  and  reasonable,  and  the  prospect  of  advan- 
tage to  the  Province  so  clear,  that  I  persuade  myself  you 
will  cheerfully  and  immediately  provide  for  the  expense  of 
what  is  recommended  to  you.1 

These  things  being  matter  of  the  highest  importance,  I 
will  not  now  take  off  your  attention  by  recommending  any- 
thing else  to  your  consideration,  hoping  you  will  give  this 
business  the  utmost  dispatch,  wherein  you  will  in  a  very 
particular  manner  recommend  yourselves  and  your  country 
to  his  Majesty,  whom  God  alone  preserves. 

GEOEGE  CLABKE. 

SPECIAL  MESSAGES. 

July  1.  Transmitting  a  copy  of  the  eighth  instruction 
received  by  the  Lieutenant-Governor,  relative  to  a  pro- 
posed expedition  against  Spanish  settlements  in  the  West 
Indies,  as  follows : 

"  But  we  trust  and  expect,  that  our  Assembly  of  New 
York,  will  provide  victuals,  transports,  and  all  other  neces- 
saries for  the  troops  to  be  raised  in  our  Province,  except 
their  clothes,  tents,  arms,  ammunition,  and  pay,  until  their 
arrival  at  the  General  Rendezvous  in  the  West  Indies,  from 
which  time  the  said  transports  shall  enter  into  our  pay; 
and  you  are  hereby  directed  without  loss  of  tune,  to  recom- 


1  The  Legislature  acted  promptly  and  generously.  A  force  of  volunteers  was 
raised,  and  on  the  12th  of  July  an  act,  chap.  693,  was  passed  appropriating 
twenty-five  hundred  pounds  for  the  expense  of  transporting  the  forces  to  a 
place  of  rendezvous  in  the  West  Indies,  and  for  their  maintenance  until  their 
arrival  there.  The  instructions  from  the  home  government  provided  that  on 
the  arrival  of  the  transports  at  the  rendezvous  they  should  enter  the  King's 
pay. 

It  is  a  coincidence  worth  noting  that  during  the  war  between  the  United 
States  and  Spain  in  1898,  the  Legislature  made  an  appropriation  for  the 
expenses  of  the  national  guard,  naval  militia  and  volunteers  who  were  called 
into  service  by  the  President,  and  that  after  they  actually  became  members  of 
the  United  States  army,  their  pay,  maintenance  and  other  expenses  became 
a  charge  on  the  national  treasury.  The  State,  like  the  Province  in  the  earlier 
war,  bore  some  part  of  the  expense  for  which  it  was  not  reimbursed  by  the 
national  government. 


GEOKGE  CLARKE,  1740.  289 

mend  to  the  said  Assembly  in  our  name,  to  make  such  pro- 
vision, that  the  expedition  may  not  be  retarded  for  want 

thereof. ' ' 

f 

July  1.  Acknowledging  an  address  from  the  Council, 
assuring  the  Lieutenant-Governor  of  its  cordial  support  in 
the  proposed  expedition  against  the  Spanish  West  Indies. 
The  Assembly  also  adopted  a  resolution  approving  the 
expedition. 

July  12.  At  the  Lieutenant-Governor's  suggestion  the 
Assembly  adjourned  to  the  second  Tuesday  in  September. 


1740.     SEPTEMBER.     TWENTY-SECOND  ASSEMBLY,  FIFTH  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

The  Assembly  met  on  the  9th  of  September,  and  the  next 
day  the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. — At  your  last  sitting  you  gave  a  sum  of 
money  for  transporting  and  victualling  five  hundred  men 
to  be  employed  in  the  expedition  against  the  Spaniards, 
that  being  the  number  you  then  thought  would  be  raised 
in  this  Province  for  that  service,  but  there  being  now  an- 
other company  of  one  hundred  men  raising  and  almost 
complete,  I  recommend  it  to  you  in  his  Majesty's  name  to 
give  a  further  sum  for  victualling  and  transporting  them 
to  the  place  of  rendezvous,  and  I  persuade  myself  that  his 
Majesty's  honor,  the  interest  of  your  country,  and  a  due 
reflection  on  the  signal  and  constant  benefits  you  receive 
from  his  Majesty's  paternal  care  of  this  Province,  will  in- 
spire you  with  dutiful  and  grateful  sentiments  and  induce 


290  MESSAGES  FROM  THE  GOVERNOR. 

you  to  show  your  zeal  on  this  occasion  with  the  utmost 
cheerfulness.1 

The  apprehensions  that  the  people  on  the  frontiers  were 
under  last  fall  of  a  rupture  with  France  made  it  necessary 
to  have  a  double  garrison  all  the  winter  at  Oswego,  but 
there  being  then  no  provision  made  for  the  victualling  of 
the  additional  number  of  men,  one  of  the  contractors  under- 
took it,  hoping  that  the  Assembly  would  pay  him,  and  I 
now  recommend  it  to  you.  Oswego  is  a  place  of  great 
importance  to  you  and  ought  by  all  means  to  be  preserved 
if  it  can  be  without  weakening  the  garrisons  in  the  other 
frontier  places;  and  I  am  persuaded  that  if  proper  pro- 
vision be  made  by  you  for  it  now,  when  the  support  of  that 
garrison  will  fall  under  your  consideration,  the  last  act 
being  upon  the  point  of  expiring,  a  sufficient  number  of  the 
Six  Nations  of  Indians  may  be  induced  to  stay  there  with  | 
the  usual  garrison  for  its  defence  in  that  part  of  the  year 
when  the  traders  leave  it  to  return  to  their  own  habitations.2 

Desertions  from  his  Majesty's  ships  of  war  and  land 
forces  in  this  Province  have  of  late  been  so  frequent  that 
unless  some  good  law  be  passed  to  prevent  the  like  for  the 
future,  they  may  be  unable  to  protect  either  your  trade  or 
country.  By  passing  such  a  law  you  will  show  your  zeal 
for  his  Majesty's  service  and  the  welfare  of  your  country.3 

The  Mohawk  sachems  have  represented  unto  me  the  irre- 
parable conditions  of  the  chapel  formerly  built  for  their 
religious  worship  and  desiring  to  have  a  new  one  built,  I 
cannot  but  earnestly  recommend  it  to  you  as  a  thing  worthy 


1  No  appropriation  was  made  for  the  additional  company.     On  the  16th  of 
September,   the   Assembly   expressed   the   opinion   that   the   appropriation   of 
twenty-five  hundred  pounds  made  at  the  last  session  would  be  sufficient  for 
this  purpose,  but  if  not,  no  additional  burden  should  be  laid  upon  the  colony. 

2  An  act,  chap.  704,  was  passed  November  3d,  making  an  appropriation  for 
the  support  of  the  garrison  at  Oswego  for  two  years. 

3  No  act  was  passed,  but  on  the  26th  of  September,  the  Assembly  adopted  the 
report  of  a  committee,  in  which  the  opinion  was  expressed  that  the  acts  of 
Parliament  in  relation  to  desertions  were  sufficient,  and  that  this  view  had 
been  entertained  by  the  Provincial  government. 


GEORGE  CLARKE,  1740.  291 

the  consideration  of  a  Christian  Assembly.  The  progress 
already  made  by  the  Reverend  Mr.  Barclay  opens  to  our 
view  a  glorious  prospect  of  spreading  the  Christian  faith 
and  worship  throughout  all  the  Six  Nations,  especially  if 
he  be  enabled  by  you  to  proceed  in  the  work  he  has  so  hap- 
pily and  successfully  begun.4 

The  revenue  being  now  expired,  I  recommend  it  to  you 
to  give  his  Majesty  for  the  support  of  government  such  an 
ample  one,  and  for  such  term  of  years  as  former  Assem- 
blies have  given,  whereby  you  will  strongly  recommend 
yourselves  to  his  Majesty's  grace  and  favor.5  At  the  same 
time  it  will  be  necessary  to  prevent  by  some  good  law  all 
illicit  trade  so  much  complained  of  by  the  fair  trader  and 
so  injurious  to  the  revenue.6  And  I  hope  you  will  think  it 
high  time  to  give  some  effectual  encouragement  to  ship 
building. 

GEORGE  CLARKE. 

SPECIAL  MESSAGES. 

September  11.  Transmitting  information  relative  to 
the  Spanish  expedition. 


*  September  26th  the  Assembly  adopted  the  following  report  of  a  committee 
which  had  this  subject  under  consideration: 

"As  to  the  present  condition  of  the  Chapel  in  the  Mohawks  Country,  the 
Committee  were  in  expectation  that  one  of  the  Block  houses  in  the  Fort  lately 
built  there,  would  have  been  made  of  a  dimension  sufficient  to  contain  all  the 
Indians  remaining  there  who  have  embraced  the  Christian  religion.  But  in  case 
either  such  Block  House  will  not  accommodate  them  in  their  religious  meetings, 
or  that  the  said  chapel  is  not  like  to  last  long  for  that  service,  the  Committee 
are  of  opinion  that  a  new  one  may  be  erected  by  the  voluntary  subscriptions 
of  all  well  disposed  Christians,  as  most  of  the  edifices  for  divine  worship  have 
been  built  in  this  Colony.  And  as  such  a  chapel  will  open  a  hopeful  prospect 
of  spreading  the  Christian  Faith  and  Worship,  amongst  our  other  Indian 
Nations,  the  Committee  are  persuaded  such  subscriptions  will  not  be  wanting: 
especially  as  the  several  members  of  this  House  have  already  subscribed  to- 
wards it." 

o  An  act,  chap.  703,  for  the  support  of  government  was  passed  November  3d, 
to  be  in  force  one  year  from  the  1st  of  December,  1740. 

6  By  the  act  for  the  support  of  government,  chap.  703,  passed  November  3d, 
provision  was  made  for  the  enforcement  of  revenue  laws  and  the  prevention  of 
illicit  trade. 


292  MESSAGES  FROM  THE  GOVERNOR. 

September  25.  Relative  to  expense  incurred  in  connec- 
tion with  the  triennial  bill  ;7  and  also  informing  the  Assem- 
bly that  because  there  was  no  colonial  agent,  certain  stores 
sent  by  the  home  government  could  not  be  used.8 

October  24.  Announcing  the  royal  approbation  of  an 
act  for  the  partition  of  certain  lands  in  the  township  of 
Oyster  Bay. 

November  3.  The  Assembly  was  prorogued  to  the 
second  Tuesday  in  April,  1741. 


1741.     APRIL.     TWENTY-SECOND   ASSEMBLY,   SIXTH   SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

The  Assembly  met  April  14th,  and  the  next  day  the 
Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN.—  If  you  look  back  to  the  happy  revolution 
and  call  to  mind  the  great  and  constant  protection  that  you 
have  from  that  time  received  from  the  gracious  and  bounti- 
ful hands  of  his  present  Majesty  (whom  God  long  preserve) 
and  of  his  royal  predecessors  in  the  enjoyment  of  your 
civil  and  sacred  rights  and  privileges,  and  in  the  security 
of  your  trade  and  defence  of  the  country  at  a  vast  expense 
of  the  crown,  you  will  find  that  you  have  been  more  highly 
favored  than  any  other  of  his  Majesty's  Provinces;  and 
every  thankful  breast  must  acknowledge  it  deserves  the 
highest  returns  of  gratitude  and  duty,  not  in  words  but  in 


7  The  genera)  appropriation  act,  chap.  706,  passed  November  3d,  provided 
for  the  payment  of  the  expense  incurred  in  soliciting  the  royal  approval  of 
the  triennial  assembly  act  of  1737. 

8  On  the  4th  of  October  the  Assembly  adopted  a  report  declaring  in  substance 
that  on  the  arrival  of  the  stores  sent  by  the  home  government,  provision  would 
be  made  for  discharging  any  expense  connected  "therewith. 


GEORGE  CLAKKE,  1741.  293 

actions,  the  only  sure  evidence  of  the  sincerity  of  men's 
hearts.  The  people  lived  in  ease  and  quiet  under  the  most 
excellent  constitution  of  government,  everyone  enjoying 
the  fruit  of  his  labor  without  molestation  or  fear  of  oppres- 
sion, a  happiness  which  none  but  his  Majesty's  subjects 
know,  in  a  grateful  and  dutiful  acknowledgment  whereof 
they  for  may  years  supported  the  government  in  a  manner 
conformable  to  that  oJ  the  Parliament  of  England,  like 
them  too  never  questioning  the  King's  royal  prerogative 
and  undoubted  right  to  appoint  officers  for  the  manage- 
ment of  his  revenue. 

But  whether  grown  wanton  by  prosperity  or  whatever 
else  it  was  they  began  to  divert  from  the  example  of  the 
Parliament,  demanding  to  have  the  nomination  of  a  treas- 
urer for  the  receipt  and  management  of  the  money  to  be* 
given,  not  for  the  support  of  government,  but  for  extra- 
ordinary uses,  and  being  indulged  in  this,  they  soon  grew 
in  their  demands,  and  insisted  upon  having  the  revenue 
likewise  put  into  his  hands,  it  being  constantly  before  man- 
aged by  the  King's  officer,  his  Majesty's  Receiver-General, 
who  had  and  still  has  a  salary  allowed  him  for  that  service, 
which  is  paid  out  of  his  Majesty's  quit  rents.  This  pros- 
perous beginning  encouraged  them  to  go  on  farther,  and 
it  was  a  bold  and  large  stride  they  next  took ;  they  consid- 
ered that  notwithstanding  they  had  the  nomination  of  a 
treasurer,  yet  he  was  not  so  entirely  under  their  direction 
and  in  their  power  but  that  his  Majesty's  auditor-general 
had  the  inspection  and  control  of  his  accounts ;  an  office  of 
great  distinction  and  of  absolute  necessity  for  his  Majesty's 
service,  established  in  King  Charles  the  Second's  time,  and 
at  present  in  a  person  of  very  high  honor,  interest  and  trust 
at  home,  of  whose  influence  the  plantations  have  often  felt 
and  may  as  often  feel  the  happy  effects.  Yet  so  inordinate 
is  the  thirst  of  power  that  no  consideration  how  equitable, 
prudential  or  beneficial  soever  must  stand  in  its  way. 
Wherefore  after  the  expiration  of  the  revenue  in  1709, 


294  MESSAGES  FROM  THE  GOVERNOR. 

which  till  then  had  been  all  along  given  without  any  par- 
ticular application,  they  resolved  to  get  rid  of  all  restraint 
at  once,  and  to  attain  their  ends  refused  to  support  the 
government  unless  they  had  the  particular  appointments 
of  the  officers'  salaries,  thereby  making  themselves  judges 
what  officers  were  proper,  what  not,  in  consequence  whereof, 
among  others  they  left  the  Auditor-General  without  any 
salary  or  reward,  although  his  salary  was  established  soon 
after  the  revolution  and  constantly  paid,  thus  fixing  on 
themselves  the  dependence  of  the  officers  for  whom  they 
provided  (for  men  are  naturally  servants  of  those  who  pay 
them)  they  in  effect  subverted  the  constitution,  assuming  to 
themselves  one  undoubted  and  essential  branch  of  his 
Majesty's  royal  prerogative. 

I  would  willingly  persuade  myself  that  nothing  but  the 
late  disorders  which  so  much  distracted  the  minds  of  the 
people  kept  them  from  returning  to  a  just  sense  of  their 
duty  to  his  Majesty,  and  that  now  these  disorders  are  hap- 
pily ended,  sober  and  reasonable  counsels  will  take  place 
and  the  example  of  that  august  body,  the  Parliament,  will 
be  the  rule  of  your  future  actions.  This  and  only  this  will 
remove  as  to  this  Province  a  jealousy  which  for  some  years 
has  obtained  in  England,  that  the  plantations  are  not  with- 
out thoughts  of  throwing  off  their  dependence  on  the  crown 
of  England.1  I  hope  and  believe  no  man  in  this  Province 
has  any  such  intention,  but  neither  my  hopes  nor  belief  will 
have  the  weight  of  your  actions,  and  as  you  have  it  in  your 
power,  so  it  is  your  duty  and  true  interest  to  do  it  effectu- 
ally by  giving  to  his  Majesty  such  a  revenue  and  in  such 


1  Replying  to  the  Lieutenant-Governor's  suggestion  as  to  a  possible  movement 
for  independence,  the  Assembly  in  its  address  presented  to  him  on  the  25th  of 
April,  say  it  dares  "  vouch  that  not  one  single  person  in  the  colony  has  any 
such  thought  or  desire,  for  under  what  government  can  we  be  better  protected, 
or  our  liberties  and  properties  so  well  secured?  " 

Thus  it  appears  that  thirty-five  years  before  the  Declaration  of  Independence, 
the  possible  separation  of  the  American  colonies  was  a  subject  of  discussion 
and  public  concern  in  England. 


GEORGE  CLARKE,  1741.  295 

manner  as  will  enable  his  Majesty  to  pay  his  own  officers 
and  servants,  whereby  they  will  be  reclaimed  to  their 
proper  dependence,  and  such  as  the  flourishing  condition 
of  the  Province  will  amply  admit,  which  from  the  great 
increase  of  the  trade  and  people,  is  well  known  to  be  vastly 
better  than  it  was  above  forty  years  ago,  when  and  for 
many  years  before  and  after,  such  a  revenue  as  I  speak 
of  was  given  by  the  then  Assemblies  at  the  same  time  that 
large  sums  of  money  were  raised  to  pay  detachments  of 
the  militia  which  were  sent  to  the  frontiers  for  their  de- 
fence in  time  of  war. 

The  next  thing  I  recommend  to  your  consideration  is 
the  defence  of  the  Province,  for  though  all  that  human 
wisdom  or  foresight  could  do  to  preserve  us  in  peace  has 
been  done,  and  we  have  long  enjoyed  the  blessings  of  it, 
yet  if  appearances  at  a  distance  deceive  not,  there  is  great 
cause  to  apprehend  a  speedy  rupture  with  France.  Your 
situation,  therefore,  ought  to  awaken  you  to  a  timely  pro- 
vision against  that  event  in  fortifying  this  town  in  a  better 
manner  than  it  is  at  present,  by  erecting  batteries  in  proper 
places  upon  some  of  the  wharves  facing  the  harbor,  others 
upon  the  side  of  Hudson's  River  adjoining  to  the  town, 
and  one  at  Bed  Hook  upon  Long  Island  to  prevent  the 
enemy  from  landing  upon  Nutten  Island.  You  will  see  by 
his  Majesty's  order,  which  I  will  communicate  to  you,  that 
his  Majesty  has  been  graciously  pleased  of  his  great  bounty 
and  care  of  your  preservation,  to  order  a  large  quantity  of 
stores  of  war  to  be  sent  hither,  among  which  is  a  great 
number  of  ordnance,  so  that  the  batteries  to  be  built  may 
be  proportioned  to  the  number  of  ordnance  proper  for 
them,  those  of  the  smallest  sizes  being  better  suited  to  the 
frontier  forts  in  the  county  of  Albany.  Powder,  ball  (flags, 
none  of  the  forts  having  any  at  present)  and  whatever  else 
is  wanting  for  the  ordnance,  the  forts  and  batteries  and 
general  defence  of  the  Province,  you  must  provide  in  time, 
as  well  as  for  the  expense  that  will  unavoidably  accrue  on 


296  MESSAGES  FEOM  THE  GOVERNOR. 

the  arrival  of  the  stores  for  carrying  them  to  proper  places, 
mounting  the  guns  and  other  necessary  services.2 

The  house  at  Oswego  being  of  the  highest  importance  to 
the  fur  trade,  ought  by  all  means  to  be  preserved  from  fall- 
ing into  the  hands  of  the  French,  which  it  will  do  if  some 
speedy  and  effectual  care  be  not  taken  to  put  it  into  a  pos- 
ture of  defence;  for  which  end  it  is  necessary  that  it  be 
surrounded  with  strong  and  proper  works,  and  that  the 
garrison  be  proportionately  augmented,  and  if  to  his 
Majesty's  troops  in  garrison  there,  a  sufficient  number  of 
Indians  of  the  Six  Nations  be  added,  it  might  have  the  best 
effect,  especially  if  those  nations  can  be  brought  to  let  the 
Governor  of  Canada  know  that  they  have  taken  upon  them 
to  defend  it,  as  the  only  place  where  they  can  be  supplied 
at  a  moderate  rate  with  such  goods  as  their  necessities  re- 
quire, which  perhaps  they  may  be  induced  to  do  if  they 
are  dealt  with  in  time  and  before  an  actual  rupture  with 
France;  and  I  am  of  opinion  it  is  absolutely  necessary 
that  I  meet  them  as  I  will  readily  do  so  soon  as  you  enable 
me,  not  only  for  that  purpose,  but  also  to  confirm  them  in 
their  fidelity  to  his  Majesty,  which  by  the  intrigues  of  the 
French  has  of  late  years  been  much  shaken.  If  we  tie  them 
closely  to  us,  and  there  is  no  other  way  to  do  it  than  by 
presents,  they  will  be  our  best  barrier  and  the  surest  pro- 
tection of  the  frontier  settlements  at  the  least  expense, 
though  it  cannot  be  expected  but  that  it  must  be  greater 
than  in  time  of  peace,  both  because  it  will  be  necessary 
they  be  oftener  treated  with,  and  that  the  Commissioners 
of  Indian  Affairs  be  more  amply  supplied  with  money,  as 
their  occasions  to  employ  Indians  as  spies  upon  the  designs 
and  motions  of  the  enemy  will  be  more  frequent.  If  you 
suffer  Oswego  to  fall  into  the  hands  of  the  French,  I  much 
fear  you  will  lose  the  Six  Nations,  an  event  which  will  ex- 
pose the  whole  country  to  the  merciless  spoil  and  barbarous 
cruelty  of  a  savage  enemy,  the  miseries  whereof  a  neigh- 


2  June  13th  an  act,  chapter  707,  was  passed  for  fortifying  the  colony. 


GEOEGE  CLARKE,  1741.  297 

boring  Province  has  often  felt  nor  could  prevent  at  a  vast 
charge.  Wherefore,  at  any  expense  Oswego  ought  to  be 
maintained  that  the  fidelity  of  the  Six  Nations  may  be  pre- 
served. I  have  done  my  duty  and  discharged  my  conscience 
in  giving  you  this  warning;  do  yours,  and  -save  your 
country  from  ruin.  At  present,  if  any  part  of  the  Province 
should  be  invaded  and  money  absolutely  necessary  for  any 
service,  even  in  such  an  exigency  I  cannot  either  with  or 
without  the  advice  of  the  Council  draw  for  a  penny,  a  cir- 
cumstance well  worth  your  consideration. 

GENTLEMEN. —  The  militia  ought  to  be  put  under  some 
better  regulation  in  case  of  an  invasion,  nor  should  any 
man  that  is  able  to  bear  arms  be  exempted  from  serving 
and  doing  duty.3 

An  agent  in  England  to  negotiate  the  affairs  of  the 
Province  is  always  necessary.  It  is  owing  to  the  want  of 
one  that  we  have  not  yet  received  the  stores  of  war,  and 
to  the  same  cause  you  must  impute  whatever  other  disad- 
vantage you  may  feel  by  not  having  the  affairs  of  the  Prov- 
ince properly  represented  and  duly  solicited  by  some  gen- 
tleman, whose  integrity,  abilities  and  person  being  well 
known  to  the  ministry,  will  give  him  access  to  them  at  all 
time. 

I  wish  with  all  my  heart  I  had  no  more  to  say  to  you  at 
this  time,  but  how  melancholy  soever  it  be,  I  am  obliged 
to  mention  to  you  the  late  fatal  fire  that  laid  in  ashes  the 
house,  chapel,  barracks  and  secretary's  office  in  his  Maj- 
esty's fort  in  this  town,  accidentally  occasioned  by  mending 
a  gutter  on  the  roof  of  the  house  adjoining  to  the  chapel, 
which  having  leaked  all  winter  had  much  damaged  and 
would  soon  have  rotted  the  timber  and  floors  of  that  part 
of  the  house,  so  that  what  was  intended  for  its  preserva- 
tion, unhappily  turned  to  its  destruction.  I  need  not  tell 
you  how  necessary  it  is  to  have  them  speedily  rebuilt; 

3  June  13th  an  act  was  passed,  chap.  708,  requiring  persons  exempt  from 
duty  under  the  militia  law  to  take  their  turns  in  watching  in  the  city  of 
New  York. 


288  MESSAGES  FROM  THE  GOVERNOR. 

without  doubt  you  are  sensible  of  it,  and  will  make  pro- 
vision accordingly.4 

The  frequent  fires  which  have  happened  in  this  town 
since  that  at  the  fort,  giving  room  from  many  circum- 
stances to  believe  they  have  been  kindled  by  design,  call 
for  some  effectual  law  to  restrain  the  too  great  license 
that  the  negroes  are  allowed,  or  that  they  take  without  it, 
in  assembling  in  great  numbers,  and  at  times  and  in  places 
that  give  them  opportunities  of  caballing;  and  the  great 
losses  that  have  been  sustained  by  means  of  those  fires 
when  goods  have  been  removed  to  preserve  them  from  the 
flames,  requires  some  method  to  secure  them  for  the  future 
from  being  stolen.  A  night  guard  of  the  militia  will  be 
very  proper,  to  be  constantly  kept  on  foot,  especially  in 
time  of  war,  but  they  must  be  obliged  to  that  duty  by 
proper  penalties ;  and  provision  ought  to  be  made  for  billet- 
ing the  men  who  may  be  ordered  to  this  town  for  its  de- 
fence whenever  occasion  requires.5 

GEOBGE  CLABKE. 

SPECIAL  MESSAGES. 

April  27.  The  Assembly  having  presented  to  the  Lieu- 
tenant-Governor  an  address  in  which  were  considered  sev- 
eral subjects  embraced  in  his  speech  at  the  opening  of  the 
session,  he  delivered  the  following  answer  which  sufficiently 
points  out  the  matters  on  which  there  was  a  difference  of 
opinion : 

"  In  your  address  you  say  that  her  late  Majesty,  Queen 
Anne,  directed  that  you  should  have  a  Treasurer  of  your 
own,  but  you  do  not  say  for  what  purposes ;  had  you  done 
that,  it  would  have  appeared,  that  it  was  only  for  money 
given  for  extraordinary  uses,  and  not  the  revenue ;  I  allow 

4  Provision  was  made  in  the  fortification  act,  chap.  707,  passed  June  13th, 
for  rebuilding  the  secretary's  office  and  the  barracks. 

6  An  act  providing  for  military  watches  in  New  York,  chap.  708,  was  passed 
June  13th. 


GEORGE  CLARKE,  1741.  299 

you  may  enquire  into  the  management  and  disposition  of 
all  the  public  money  given  by  you,  and  if  you  find  any  mis- 
application of  it,  you  may  censure  the  guilty,  and  by  ad- 
dress and  other  proper  application  making  known  those 
misapplications,  justice  will  be  done;  but  that  can  be  no 
reason  for  putting  the  revenue  into  other  hands  than  the 
King 's  officer,  or  for  your  taking  upon  you  to  apply  to  par- 
ticular persons  and  uses,  the  money  you  give  for  support 
of  government,  which  is  the  encroachment  on  the  King's 
prerogative  that  I  mentioned;  notwithstanding  the  Audi- 
tor-General has  a  stated  salary  allowed  him,  yet  his  fees 
for  auditing  the  accounts  of  the  revenue,  in  his  Majesty's 
other  Provinces  are  paid  him  out  of  the  money  accounted 
for  in  those  accounts,  as  they  were  here,  and  there  is  no 
good  reason  to  be  given  why  they  ought  not  to  be  paid  in 
like  manner  for  the  future. 

The  preservation  of  Oswego,  and  of  the  fidelity  of  the 
Six  Nations  is  of  more  consequence  to  the  Province  than 
any  other  thing  whatsoever,  and  if  we  lose  them,  no  part 
of  the  country  will  be  safe,  as  I  believe  you  are  all  sensible 
of  from  the  manner  of  annoying  their  enemies.  I  for  my 
part  will  spare  no  pains  to  retain  them  in  their  fidelity  to 
his  Majesty. 

It  will  be  too  late  to  think  of  buying  powder  when  an 
enemy  appears ;  that  ought  to  be  done  by  you  in  time. 

What  bills  you  prepare,  which  I  shall  judge  to  be  really 
necessary  or  beneficial  to  the  Province,  I  will  readily  give 
my  assent  to." 

May  28.  At  a  joint  meeting  of  the  two  Houses,  the  Lieu- 
tenant-Governor  delivered  the  following  speech : 

"  Since  I  spoke  to  you  at  the  opening  of  this  session,- 1 
have  had  the  honor  to  receive  a  letter  of  the  4th  of  Decem- 
ber last,  from  his  Grace  the  Duke  of  Newcastle,  his  Majes- 
ty's most  principal  Secretary  of  State,  signifying  That  as 
it  is  probable  that  recruits  will  be  wanted  for  the  forces 


300  MESSAGES  FROM  THE  GOVERNOR. 

tinder  Lord  Cathcart 's  command,  or  even  that  Lord  Catli- 
cart  may  write  to  have  a  greater  number  of  troops  from 
North  America  than  are  at  present  sent  to  him,  it  is  his 
Majesty's  commands  that  if  Lord  Cathcart  should  think 
proper  to  write  to  me  for  any  number  of  men  for  recruits, 
or  for  any  other  service,  I  should  endeavor  to  raise  them; 
wherefore  it  being  probable  that  General  Wentworth,  who 
succeeds  Lord  Cathcart  in  the  command  of  his  Majesty's 
Forces  in  the  West  Indies,  may  in  the  time  of  your  recess 
write  to  me  for  recruits  or  new  levies,  I  thought  it  neces- 
sary at  this  time  to  recommend  to  you  to  make  provision 
for  the  victualling  and  transporting  such  number  of  men 
as  I  may  raise  in  obedience  to  his  Majesty's  commands  for 
the  purposes  mentioned;  lest,  if  I  wait  your  next  meeting 
before  I  recommend  it  to  you,  his  Majesty's  service  may 
suffer  by  delay.  You  cannot  more  effectually  show  your 
zeal  for  his  Majesty's  honor  and  service,  and  the  pros- 
perity of  this  Province,  than  by  exerting  yourselves  on  this 
occasion;  and  I  hope  the  glorious  beginning  already  made 
by  his  Majesty's  forces  will  help  to  excite  you  to  speedy 

and  generous  resolutions.6 

GEORGE  CLARKE." 

He  also  transmitted  a  communication  from  the  Commis- 
sioners of  Indian  Affairs  at  Albany,  showing,  among  other 
things,  that  on  account  of  the  scarcity  of  provisions  in  the 
Indian  country,  a  great  number  of  Indians  intended  to 
come  to  Albany,  and  the  Commissioners  appealed  to  the 
Lieutenant-Governor  to  furnish  a  supply  of  provisions  for 
the  Indians,  to  prevent  the  hardship  which  would  otherwise 
fall  upon  the  inhabitants  of  Albany.7 


e  The  Assembly  on  the  29th  of  May,  adopted  a  resolution  postponing  until 
the  next  session  action  relative  to  recruits  for  the  expedition  against  the  Span- 
ish West  Indies. 

7  The  fortification  act,  chap.  707,  passed  June  13th,  appropriated  one  hun- 
dred pounds  for  the  purpose  of  furnishing  supplies  to  the  Indians  in  response 
to  this  suggestion. 


GEORGE  CLARKE,  1741.  301 

The  communication  also  recited  various  acts  of  the 
French,  showing  encroachments  in  the  Indian  country. 

June  13.  The  Legislature  adjourned  to  the  third  Tues- 
day in  September. 


1741.     SEPTEMBER.     TWENTY-SECOND    ASSEMBLY,    SEVENTH 

SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

A  quorum  did  not  appear  until  the  17th  of  September, 
and  on  that  day  the  Lieutenant-Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN.—  At  your  last  sitting  I  acquainted  yo»u  that 
I  had  received  his  Majesty's  commands  to  raise  recruits 
for  his  Majesty's  forces  in  the  West  Indies,  and  even  new 
troops  when  the  General  should  write  for  them.  I  recom- 
mended it  to  you  to  make  provision  for  victualling  and 
transporting  such  a  number  of  men  as  I  might  so  raise, 
whereupon  you  resolved  at  your  next  meeting  to  take  into 
consideration  what  may  be  proper  to  be  done  by  this  col- 
ony in  relation  to  that  part  of  my  speech  which  related  to 
recruits  for  the  expedition  against  the  Spaniards  in  the 
West  Indies  if  General  Wentworth,  or  the  General  of  those 
forces  for  the  time  being,  should  in  the  meanwhile  apply 
for  such  recruits  from  the  said  colony. 

GENTLEMEN. —  General  Wentworth  has  wrote  to  me  for 
recruits  and  new  forces,  wherefore  I  now  call  upon  you  to 
come  to  a  speedy  resolution  to  provide  provisions  and 
transports  for  the  men  I  may  raise  for  that  service.1  His 


1  An  act,  chap.  717,  passed  November  27th,  appropriated  five  hundred  pounds 
for  transporting  and  victualling  troops  to  the  West  Indies. 


302  MESSAGES  FROM  THE  GOVERNOR. 

Majesty's  forces  have  now  gained  sure  footing  on  the 
island  of  Cuba,  and  you  will  be  very  much  wanting  in  your 
duty  to  his  Majesty  and  to  the  interest  of  this  Province  if  you 
do  not  give  all  the  assistance  in  your  power  to  strengthen 
his  Majesty's  army  there,  which  by  the  Divine  assistance 
may  enlarge  their  conquests  to  that  extent  as  may  give 
large  and  numerous  settlements  to  such  a  colony  of  people 
as  may  in  time  take  off  more  of  the  provisions  of  these 
northern  Provinces  than  all  the  other  islands  in  the  West 
Indies;  an  event  that  will  increase  and  secure  our  trade 
and  navigation  and  enrich  you  beyo-nd  all  other  means  that 
can  be  devised. 

GENTLEMEN.—  You  cannot  be  too  careful  to  preserve  by 
good  laws  the  reputation  of  bread  and  flour,  the'  staple 
commodities  of  the  Province,  which  when  once  lost  it  will 
be  very  difficult  to  retrieve,  nor  is  less  care  required  to  pre- 
vent the  bakers  and  bolters  from  committing  frauds  in  the 
care  of  their  casks,  an  evil  at  present  very  much  complained 
of  and  calling  for  speedy  redress. 

GENTLEMEN. —  It  is  high  time  for  you  to  make  provision 
for  rebuilding  the  house,  chapel  and  the  rest  of  the  bar- 
racks and  edifices  in  the  fort  that  were  destroyed  by  the 
late  fire  kindled  in  consequence  of  the  horrid  result  of  an 
execrable  conspiracy  to  burn  this  whole  town  and  to  de- 
stroy the  People,  which  nothing  but  divine  Providence  hin- 
dered from  being  fully  executed;  nor  do  I  think  we  ought 
now.  to  rest  in  such  supine  security  as  to  be  careless  of  our 
present  and  future  safety,  wherefore  I  think  it  necessary 
that  the  people  be  obliged  by  some  good  law  to  continue  their 
military  night  watches,  and  the  officers  thereof  authorized 
under  proper  regulations  to  preserve  the  city  from  all  dan- 
gers in  the  night  time,  which  I  recommend  to  your  consid- 
eration, the  act  lately  passed  for  the  more  equal  keeping 
military  watches  being  by  its  own  limitation  soon  to  expire.2 


2  A  night  watch  law,  chap.  711,  was  passed  November  7th,  and  the  city  of 
New  York  was  authorized  to  raise  funds  for  the  purposes  of  the  act. 


GEORGE  CLARKE,  1741.  303 

GENTLEMEN. —  There  are  several  things  which  I  men- 
tioned to  you  at  your  meeting  in  the  month  of  April  last, 
some  whereof  have  not  been  at  all,  and  others  not  so  fully 
considered  and  provided  for  by  you  as  they  ought.  I  do 
therefore,  referring  you  to  what  I  then  said,  now  again 
recommend  those  things  to  you.  I  cannot,  however,  but  in  par- 
ticular take  notice  to  you  that  the  ancient  loyal  and  dutiful 
method  of  giving  a  revenue  for  a  term  of  years  and  without 
applications  has  been  too  long  disused,  which  has  much 
weakened  the  natural  constitution  of  the  government,  and 
if  not  speedily  remedied,  may  involve  the  country  in  many 
and  almost  irretrievable  miseries.  Those  evils  it  is  in  your 
power  to  prevent  by  giving  to  his  Majesty  such  a  revenue 
and  for  such  term  of  years  without  particular  applications 
of  it  as  former  Assemblies  gave.  Your  country  is  much 
more  able  to  do  it  now  than  ever  it  was;  it  is  what  his 
Majesty  expects  from  you,  what  a  Governor  will  insist  on 
as  his  predecessors  have  done,  and  as  he  in  reason  ought, 
and  what  I  truly  and  sincerely  think  is  your  interest,  as 
it  is  your  duty  to  do.  This  is  the  last  opportunity  I  shall 
have  to  speak  to  you,  and  as  I  can  consequently  have  no 
private  view  in  it,  that  injurious  insinuation  which  hereto- 
fore might  take  place  in  weak  minds  can  now  nowhere  find 
reception,  and  every  considerate  man  will  from  thence  con- 
clude that  my  urging  you  to  give  a  revenue,  in  the  manner 
I  mention,  proceeds  from  the  just  sentiments  of  my  heart, 
as  I  assure  you  they  do  from  the  affection  I  bear  to  the 
Province  whose  true  interest  and  happiness  have  been  my 
daily  study  and  constant  care.3 


3  November  7th,  an  act  was  passed,  chap.  709,  continuing  for  one  year  from 
the  1st  of  December,  1741,  the  act  for  the  support  of  government  passed  in  1740. 
It  appears  from  this  act,  and  others  already  cited,  that  the  Assembly  had  delib- 
erately determined  to  limit  to  one  year  acts  for  the  support  of  the  government, 
and  the  executive  appealed  in  vain  for  laws  granting  revenues  for  this  purpose 
for  a  longer  period.  The  provision  limiting  appropriations  to  two  years,  which 
was  incorporated  in  the  Constitution  in  1846  was  based  on  the  colonial  prin- 
ciple as  expressed  in  the  foregoing  statutes. 


304  MESSAGES  FEOM  THE  GOVERNOR. 

SPECIAL  MESSAGES. 

October  9.  Recommending  that  the  garrison  at  Oswego 
be  doubled  as  there  seemed  to  be  a  probability  of  a  rupture 
with  France. 

October  14.  Transmitting  a  letter  from  the  Commis- 
sioners of  Indians  Affairs,  expressing  the  hope  that  the 
Assembly  would  take  such  action  as  would  be  most  con- 
ducive "  to  the  reclaiming  the  Indians,  in  their  fidelity  to 
his  Majesty;  and  their  dependency  on  this  Province,  and 
as  becomes  the  present  exigency  of  affairs."4 

October  17.    Proroguing  the  Assembly  to  the  19th  inst. 

October  19.  The  Assembly  met  according  to  proroga- 
tion. 

October  27.  Referring  to  the  expedition  against  the 
Spanish  West  Indies,  the  Lieutenant-Governor  said : 

1  i  I  am  in  hopes  from  the  progress  already  made  in  rais- 
ing men  for  his  Majesty's  American  regiment,  that  I  shall 
be  able  to  make  up  the  number  of  two  hundred,  of  which 
I  desire  you  will  acquaint  the  House,  hoping  they  will  make 
suitable  provision  for  the  transporting  and  victualling 
them,  or  such  number  as  I  may  raise,  whether  it  be  more 
or  less  than  two  hundred."  (See  note  1.) 

November  26.  The  two  Houses  joined  in  an  address  to 
the  King  based  on  an  Assembly  resolution,  that  a  sum  may 
be  ' '  graciously  granted ' '  sufficient  for  erecting  a  house 
and  other  buildings  suitable  for  his  Governors  here,  in- 
stead of  those  that  have  been  destroyed  in  the  Fort  by  the 
late  wicked  conspiracy.  The  Lieutenant-Governor  was  re- 
quested to  join  in  the  address,  but  declined.  He  had 
already  in  his  opening  speech  recommended  the  erection  of 
new  public  buildings  in  place  of  those  destroyed.  The 
address  was  sent  by  the  Council  and  Assembly  to  George 


4  In  response  to  this  suggestion  a  provision  was  included  in  the  act  applying 
the  revenues,  chap.  717,  passed  November  27th,  appropriating  seven  hundred 
pounds  for  presents  to  the  Six  Nations  "  when  the  Governor  or  Comniander-in- 
Chief  goes  to  Albany  to  renew  the  treaty  with  them  there." 


GEORGE  CLARKE,  1742.  305 

Clinton,  the  new  Governor,  who  had  been  appointed  on  the 
third  of  the  preceding  July,  but  who  was  still  in  England. 
November  27.  At  the  Lieutenant-Goyernor's  suggestion 
the  Assembly  adjourned  to  the  third  Tuesday  in  March, 
1742. 


1742.     APRIL.     TWENTY-SECOND    ASSEMBLY,   EIGHTH    SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

A  quorum  of  the  Assembly  appeared  April  21,  and  the 
next  day  the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  The  present  face  of  affairs  in  Europe  re- 
quires your  sitting  at  this  time,  that  you  make  speedy  and 
ample  provision  for  putting  the  fort  in  this  town  in  a  pos- 
ture of  defence;  and  it  greatly  wants  a  thorough  repair, 
some  part  of  the  wall  being  already  fallen  down  and  other 
parts  in  a  tottering  condition,  the  sodwork  mouldered  away 
and  the  bastions  and  curtains  without  platforms;  and  un- 
less these  things  be  done  the  ordnance  will  be  useless,  and 
his  Majesty's  gracious  purpose  in  sending  them  for  your 
security  will  be  defeated.1 

Some  charge  has  already  accrued  and  more  must  un- 
avoidably follow  in  carrying  the  ordnance  and  other  stores 
to  the  respective  forts  and  batteries  for  which  they  are 
intended,  and  it  will  be  the  greater,  as  most  of  those  forts 
are  remote  from  hence,  particularly  those  at  Oswego  in  the 
Mohawks  country,  and  at  Schenectady,  and  I  recommend 
it  to  you  to  make  suitable  provision  for  it,  as  well  as  for  the 
victualling  of  a  double  garrison  at  Oswego  which  will  be 


i  An  act,  chap.  727,  passed  May  22d,  provided  for  the  repair  of  Fort  George, 
the  transportation  of  volunteers  to  the  West  Indies  and  other  purposes. 

20 


306  MESSAGES  FROM  THE  GOVERNOR. 

highly  necessary  to  preserve  that  important  place  from 
falling  into  the  enemies  hands  in  case  of  a  rupture. 

It  is  high  time  to  set  about  building  the  house,  chapel 
and  other  edifices  that  were  consumed  in  the  fort,  as  well 
as  the  stables  and  coach  house  without  it,  that  when  the 
Governor  comes  he  may  not  be  unprovided  of  an  habitation 
and  other  conveniences  suitable  to  his  station,  which  is  the 
more  necessary  to  be  speedily  done,  as  he  is  soon  expected, 
and  no  house  that  I  know  of  to  be  hired  that  is  fit  for  his 
residence. 

General  Wentworth  having  sent  Captain  Cosby  and  Col. 
Gooch's  regiment  to  raise  recruits  in  this  Province  for  his 
Majesty's  service,  I  earnestly  recommend  it  to  you  to  pro- 
vide for  the  victualling  and  transporting  so  many  as  he 
may  raise,  and  to  do  it  with  all  expedition,  which  will  not 
only  forward  the  service,  but  likewise  prevent  desertions, 
and  ease  the  recruiting  officer  of  the  great  expense  of  main- 
taining them,  which  may  be  too  heavy  for  him  to  bear  if 
they  be  not  shipped  off  in  a  short  time  after  they  are  en- 
listed. Your  zeal  and  dispatch  here  will  not  fail  of  recom- 
mending you  to  his  Majesty.2 

I  have  on  the  request  of  the  Onondaga,  Cayugas  and 
Tuskaroras,  three  of  the  Six  Indian  Nations,  sent  a  smith 
to  reside  for  a  year  at  Cayouge  [Cayuga],  for  the  payment 
of  whom  and  of  the  persons  residing  in  the  Seneca's 
country  I  hope  you  will  provide,  as  it  will  much  conduce  to 
the  keeping  of  the  Indians  steady  in  the  British  interest. 

When  the  act  for  regulating  the  militia  comes  tinder  your 
consideration  it  will  be  necessary  by  it  to  oblige  all  men  to 
an  equal  share  of  duty  in  day  as  well  as  night  guards,  that 


2  This  recommendation  was  embodied  in  a  provision  in  the  act,  chap.  727, 
passed  May  22d,  making  an  appropriation  for  the  repair  of  Fort  George,  and 
the  transportation  of  volunteers.  The  act  suggested  that  there  would  not  be 
more  than  twenty  volunteers,  and  the  appropriation  for  their  transportation 
was  limited  to  one  hundred  pounds. 


GEORGE  CLARKE,  1742.  307 

the  service  be  not  too  much  imposed  on  them  who  have  the 
least  to  defend,  and  little  or  nothing  to  support  their 
families  but  what  they  earn  by  their  daily  labor. 

GEO.  CLAKKE. 

SPECIAL  MESSAGES. 

May  22.  The  Lieutenant-Governor  recommended  that 
the  Assembly  adjourn  to  the  first  Tuesday  in  August,  and 
said  that  "  if  the  public  service  required  the  sitting  of  the 
House  on  that  day,  it  would  by  circular  letters  be  signified 
to  the  several  members." 


1742.     OCTOBER.    TWENTY-SECOND  ASSEMBLY,  NINTH  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

Twelve  members  met  on  the  3d  of  August  according  to 
adjournment.  After  several  adjournments,  a  majority  ap- 
peared October  13,  and  the  Lieutenant-Governor  delivered 
the  following 

OPENING  SPEECH. 

GENTLEMEN. —  The  government  being  at  present  without 
any  support,  I  earnestly  recommend  to  you  to  take  it  into 
your  immediate  consideration,  and  to  make  such  ample  and 
honorable  provision  for  it  as  former  Assemblies  have  done.1 

The  act  to  support  the  garrison  at  Oswego  being  by  its 
limitation  to  expire  on  the  first  of  November  in  this  present 
year,  it  is  requisite  that  you  prepare  another  bill  to  be 
passed  before  that  time;  and  as  a  rupture  with  France 
seems  almost  unavoidable,  it  is  absolutely  necessary  to  pro- 
vide for  the  victualling  a  garrison  of  forty  men,  lest  for 

*  An  act,  chap.  729,  was  passed  October  29th,  continuing  for  another  year 
the  act  of  1740,  for  the  support  of  government. 


308  MESSAGES  FROM  THE  GOVERNOR. 

want  thereof  that  important  place  should  fall  into  the 
enemy's  hands,  the  consequence  whereof  will  be  the  loss  of 
your  most  valuable  branch  of  trade,  and  but  too  probably 
occasion  a  defection  of  the  Six  Nations ;  an  event  that  de- 
mands your  most  serious  attention,  as  every  part  of  the 
Province  how  remote  soever  some  of  the  counties  may  be 
from  those  nations,  will  soon  feel  the  cruel  effects  of  it.2 

Whatever  happens,  I  shall  have  the  satisfaction  of  hav- 
ing done  my  duty  in  pressing  you  to  do  yours,  and  I  hope 
you  will  leave  nothing  undone  that  may  give  the  people 
whom  you  represent  cause  to  reproach  you.  The  sense  that 
I  have  of  the  vast  consequence  that  the  fidelity  of  these 
nations  is  to  the  British  interest  in  general  and  to  this 
Province  in  particular,  and  of  the  constant  arts  and  in- 
trigues of  our  national  enemy  to  seduce  them,  makes  me 
thus  warm  in  my  expressions.  Had  you  the  like  opportuni- 
ties that  I  have  of  knowing  those  things,  I  am  persuaded 
your  zeal  would  keep  pace  with  mine,  and  make  what  I  say 
needless  or  but  matters  of  form,  but  as  many  of  you  live 
very  distant  from  those  Nations  and  can  consequently 
know  little  of  their  importance  to  us  but  by  information,  I 
cannot  with  the  discharge  of  my  duty  be  silent  or  less 
earnest. 

Captain  Cosby  has  raised  and  sent  to  Jamaica  twenty 
recruits  for  his  Majesty's  American  regiment,  and  I  hope 
you  will  make  provision  for  paying  the  expense  of  their 
transportation,  being  persuaded  that  your  zeal  for  his 
Majesty's  service,  which  has  carried  you  to  a  much  greater 
expense  on  the  like  occasion,  will  very  readily  lead  you 
to  this.3 


2  Provision  for  the  support  of  the  garrison  at  Oswego  was  made  by  an  act, 
chap.  734,  passed  October  29th. 

3  Provision  for  the  recruits  for  the  expedition  to  the  West  Indies  was  made 
at  the   previous  session,  but   at  this   session,  by  the  act  applying  revenues, 
chap.  733,  passed  October  29th,  an  additional  appropriation  of  twenty  pounds 
was  made  to  reimburse  Captain  Cosby  for  expenditures  in  connection  with  the 
transportation  of  volunteers. 


GEORGE  CLARKE,  1743.  309 

There  are  several  things  that  I  recommended  to  you  at 
your  last  sitting,  some  of  which  being  but  in  part  and 
others  not  at  all  provided  for,  I  now  again  recommend 
them  to  your  consideration,  referring  you  to  what  I  then 
said.4 

GEO.  CLARKE. 

SPECIAL  MESSAGES. 

October  26.  The  Speaker  announced  that  on  the  pre- 
vious day  he  had  received  from  Governor  Clinton  two 
letters  enclosing  copies  of  papers  relating  to  the  address 
sent  to  him  by  the  Council  and  Assembly,  relative  to  the 
erection  of  a  Governor's  house,  and  to  military  supplies 
for  the  colony. 

October  29.  The  Assembly,  at  the  Lieutenant-Govern- 
or's suggestion,  adjourned  to  the  third  Tuesday  of  April, 
1743. 


1743.     APRIL.     TWENTY-SECOND  ASSEMBLY,  TENTH  SESSION. 


GEORGE  CLARKE,  Lieutenant-Governor. 

The  regular  business  of  the  session  began  April  21, 
when  the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  The  nigh  approach  of  the  winter  at  your 
last  meeting  not  giving  you  time  to  provide  for  all  those 
necessary  things  which  I  recommended  to  you,  I  now  again 
refer  to  your  consideration  such  of  them  as  remain  unpro- 
vided for,  hoping  that  now  too  you  will  think  it  high  time 
to  give  the  fort  in  this  town  a  thorough  repair  as  well  as 

*  Several  militia  laws  were  continued  by  an  act,  chap.  730,  passed  October 
20th.  This  subject  had  been  included  in  the  Lieutenant-Governor's  re-commen- 
dations at  the  opening  of  the  previous  session. 


310  MESSAGES  FROM  THE  GOVERNOR. 

to  lay  in  a  proper  and  sufficient  quantity  of  powder,  ball 
and  other  necessary  stores  for  that  and  all  the  other  forts 
and  batteries  in  the  Province,  that  we  may  not  be  unpro- 
vided for  our  defence  in  case  the  enemy  should  at  any  time 
attack  us,  nor  be  then  to  seek  for  them  when  it  be  too  late. 
When  these  things  come  under  your  consideration,  you  will 
remember  that  there  is  not  a  flag  for  any  of  the  forts. 

The  presents  which  the  French  when  they  come  into  the 
Seneca's  country  feed  those  people  with  makes  it  necessary 
that  those  whom  we  send  to  reside  there  should  likewise 
have  something  to  give  to  the  Indians  to  prevent  the  influ- 
ence which  otherwise  the  enemy  may  gain  over  them.  The 
Commissioners  of  Indian  Affairs  think  it  absolutely  neces- 
sary, but  at  the  same  time  declare  that  their  allowance  at 
this  critical  juncture  is  so  small  that  they  cannot  furnish 
those  presents,  wherefore  I  recommend  it  to  you  to  make 
some  provision  for  that  service. 

GEORGE  CLARKE. 

SPECIAL  MESSAGES. 

April  30.  On  the  Lieutenant-Governor's  recommenda- 
tion, the  Assembly  adjourned  to  the  first  Tuesday  of  Au- 
gust. A  quorum  of  the  Assembly  did  not  meet  again,  and  it 
was  dissolved  by  Governor  Clinton  on  the  27th  of  Sep- 
tember. 


1743.     NOVEMBER.     TWENTY-THIRD  ASSEMBLY,  FIRST  SESSION. 


GEORGE  CLINTON,  Governor. 

George  Clinton  was  appointed  Governor  of  New  York 
by  a  commission  bearing  date  July  3,  1741.  He  arrived  in 
New  York,  September  20,  1743,  and  took  the  official  oath 
and  assumed  the  duties  and  functions  of  his  office.  His 
communication  to  the  Speaker  of  the  Assembly,  which  was 


GEORGE  CLINTON,  1743.  311 

received  during  the  October  session,  1742,  has  already  been 
noted.  At  the  close  of  the  tenth  session  the  Assembly  ad- 
journed to  the  first  Tuesday  in  August,  ,and  was  in  exist- 
ence, adjourning  from  time  to  time,  when  Governor  Clinton 
arrived. 

September  27,  at  a  joint  meeting  of  the  two  Houses,  the 
Assembly  was  dissolved,  the  Governor  remarking,  in  the 
course  of  his  speech,  that  he  had  been  informed  that  it  had 
been  the  general  practice  to  have  a  new  election  of  an 
Assembly  upon  the  publication  of  new  commissions  to  Gov- 
ernors, and  that  the  continuance  of  that  practice  would  be 
agreeable  to  the  people  of  this  Province. 

The  new  Assembly  met  November  8,  and  the  Governor 
delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  It  would  have  been  very  agreeable  to  me 
to  have  embarked  for  my  government  soon  after  his  Maj- 
esty was  graciously  pleased  to  honor  me  with  his  royal 
commission,  but  the  affairs  of  this  Province  as  well  as  my 
own  rendered  that  impracticable. 

I  am  now  come  amongst  you,  Gentlemen,  with  such  favor- 
able impressions  of  the  people  you  represent  that  it  shall 
be  my  chief  study  by  every  proper  method  to  deserve  your 
good  will  and  merit  your  esteem,  as  it  shall  be  my  constant 
endeavor  to  discharge  the  trust  reposed  in  me  by  a  steady 
adherence  to  the  principles  of  justice  and  a  due  regard  to 
the  established  rights  and  privileges  of  the  people,  con- 
sistent with  the  known  prerogative  of  the  Crown ;  and  I  am 
persuaded  from  your  loyalty  to  his  Majesty,  whose  natural 
affection  extends  to  the  remotest  of  his  subjects,  and  his 
glorious  zeal  in  maintaining  the  liberties  of  Europe,  have 
justly  rendered  him  the  darling  of  his  own  people,  and 
gained  him  the  immortal  title  of  the  deliverer  of  others, 
and  likewise  from  your  wonted  regard  to  the  honor  and 
reputation  of  the  Province  that  you  will  not  fail  of  answer- 


312  MESSAGES  FROM  THE  GOVERNOR. 

ing  his  royal  expectations  and  my  reasonable  hopes  in 
granting  a  revenue  for  the  support  of  his  government  in 
as  ample  a  manner  and  for  a  term  as  long  as  has  hereto- 
fore usually  been  given  under  any  of  my  predecessors, 
Governors-in-Chief  of  this  Province.1 

The  short  time  I  have  been  with  you  has  not  permitted 
mo  minutely  to  examine  into  the  state  of  your  fortifications, 
the  security  and  well  maintaining  of  which  has  (since  my 
arrival)  been  strongly  recommended  to  me  by  his  Majesty; 
and  I  cannot  doubt  but  the  present  critical  juncture  of  the 
affairs  of  Europe  will  induce  you  to  exert  your  utmost  care 
in  points  of  so  great  and  general  importance,  and  as  you 
are  indebted  to  the  bountiful  care  of  his  Majesty  for  a  late 
large  supply  of  warlike  stores,  it  will  be  incumbent  upon 
you  to  show  your  thankfulness  by  making  immediate  pro- 
vision for  the  purchase  of  such  others  as  in  the  judgment 
of  our  superiors  ought  to  be  had  at  the  proper  charge  and 
expense  of  the  Province. 

I  understand  and  am  thoroughly  convinced  of  the  great 
consequence  it  is  to  the  British  interest  on  this  continent 
in  general,  as  well  as  to  this  Province  in  particular,  to 
secure  the  friendship  and  dependence  of  the  Six  Nations 
of  Indians,  and  to  cement  if  possible  into  a  firm  union  with 
each  other  all  those  who  are  in  alliance  with  any  other  of 
his  Majesty's  Provinces.  You  will  therefore  find  me  heart- 
ily disposed  with  your  assistance  to  put  my  intentions  on 
this  head  in  execution  as  soon  as  the  season  for  a  general 
treaty  will  permit.2 

The  opinion  I  entertain  of  his  Majesty's  subjects  in  this 
Province  forbids  me  to  think  they  will  suffer  the  usual 
place  of  their  Governor's  residence  to  lie  longer  in  the 


1  The  Assembly  adhered  to  the  policy  adopted  by  its  predecessor  in  relation 
to  annual  appropriations,  and  on  the  1st  of  December,  by  chap.  741,  continued 
for  one  year  the  act  of  1740  for  the  support  of  government. 

2  The   general   appropriation   act,   chap.   744,   passed   December    17th,   made 
provision  for  eight  hundred  pounds,  to  be  used  in  making  presents  to  the 
Indians. 


GEORGE  CLINTON,  1743.  313 

ruins  to  which  the  late  unhappy  fire  has  reduced  it.  I  can 
but  sensibly  feel  the  inconveniences  that  from  hence  arise 
to  me  and  my  family.  If  therefore  some  regard  to  them, 
joined  to  that  which  the  dignity  of  the  government  requires 
at  your  hands,  can  prevail  on  you  to  take  this  matter  into 
your  immediate  consideration,  it  will  redound  very  much 
to  your  honor  and  my  ease.3 

Having  taken  notice  before  my  departure  from  England 
that  this  Province,  contrary  to  the  custom  of  most  others 
in  America,  is  entirely  unprovided  with  any  agents  for 
negotiating  the  public  affairs  of  the  colony  at  the  Court  of 
Great  Britain,  I  cannot  on  this  occasion  omit  mentioning 
to  you  the  necessity  there  is  of  an  appointment  of  some 
proper  persons  for  this  end,  and  of  establishing  such  a 
reasonable  allowance  for  their  service  as  may  induce  them 
to  exert  themselves  with  vigilance  and  care  in  whatever 
may  contribute  to  the  welfare  or  affect  the  public  interest 
of  the  Province. 

I  desire  you,  Gentlemen,  to  be  assured  nothing  in  my 
power  shall  be  wanting  to  demonstrate  my  real  regard 
and  attachment  to  the  interest  of  this  colony.  I  will  en- 
deavor to  convince  you  of  the  sincerity  of  my  intentions 
by  the  uprightness  of  my  actions,  and  shall  always  be  well 
pleased  with  my  administration  when  I  know  it  stands 
approved  by  the  general  voice  of  the  people. 

GEO.  CLINTON. 

SPECIAL  MESSAGES. 

November  10.  Thanking  the  Assembly,  and  also  the 
Council,  for  their  addresses. 

December  17.  The  Assembly  adjourned  to  the  third 
Tuesday  in  April,  1744. 


'  An  act,  chap.  758,  providing  for  the  erection  of  a  house  for  the  Governor 
was  passed  May  19,  1744. 


314  MESSAGES  FROM  THE  GOVERNOR. 


1744.     APRIL.     TWENTY-THIRD   ASSEMBLY,  SECOND   SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  met  April  17,  and  the  Governor  delivered 
the  following 

OPENING  SPEECH. 

GENTLEMEN. — As  the  season  of  the  year  did  not  permit 
you  to  provide  for  all  those  things  recommended  to  you  in 
my  speech  at  the  opening  of  the  last  meeting,  particularly 
as  to  the  supplying  the  magazines  of  the  respective  gar- 
risons with  gunpowder,1  the  rebuilding  the  house  in  the 
fort,2  and  the  appointing  agents  for  the  colony  at  the  court 
of  Great  Britain,  I  therefore  recommend  them  to  your  con- 
sideration, not  doubting  but  they  will  have  their  due  weight 
in  your  deliberations. 

I  have  received  two  letters  from  Mr.  Stone,  secretary 
to  the  Lords  Justices,  with  their  Excellencies'  directions 
that  I  should  employ  the  most  effectual  means  for  putting 
this  colony  into  the  best  posture  of  defence  that-  shall  be 
possible,  and  to  be  constantly  upon  my  guard  against  any 
surprise  from  any  quarter  whatsoever:  and  by  a  ship 
lately  arrived  here,  advice  has  been  brought  that  the 
French  hacf  been  preparing  to  make  an  invasion  on  his 
Majesty's  kingdoms  in  favor  of  a  popish  pretender,  and 
that  there  has  been  an  engagement  in  the-  Mediterranean 
between  part  of  his  Majesty's  fleet  under  the  command  of 
Admiral  Matthews,  and  the  combined  fleets  of  Spain  and 
France,  which  events  may  probably  bring  on  a  French  war, 
and  therefore  it  behoves  us  to  put  ourselves  in  such  a 


1  This  recommendation  was  complied  with  by  an  act,  chap.  758,  passed  May 
19th,  to  provide  for  the  repair  and  completion  of  fortifications. 

2  An  act,  chap.  758,  passed  May  19th,  appropriated  three  thousand  pounds 
for  the  erection  of  a  house  for  the  Governor's  residence,  on  or  near  the  site 
of  the  house  recently  destroyed  by  fire.     The  new  house  was  to  be  eighty  by 
forty- five  feet,  and  three  stories  above  ground. 


GEORGE  CLINTON,  1744.  315 

condition  that  we  may  be  able  to  repel  the  attempts  which 
may  be  made  upon  any  part  of  this  country,  and  in  order 
to  do  that  it  will  be  proper  to  consider  what  may  be  want- 
ing to  complete  the  fortifications  in  this  city  and  the  county 
of  Albany,  that  those  frontier  places  may  not  be  exposed 
to  the  insults  of  an  enemy.3 

GENTLEMEN. —  You  cannot  but  be  sensible  of  the  great 
importance  of  Oswego,  not  only  for  carrying  on  an  advan- 
tageous trade  with  the  remote  Indians,  but  also  for  pre- 
serving the  Six  Nations  in  their  fidelity  and  keeping  them 
steady  to  the  British  interest ;  therefore  I  persuade  myself 
you  will  do  whatever  shall  be  necessary  for  the  additional 
strength  of  that  place,  and  make  a  provision  for  carrying 
up  the  cannon  and  a  supply  of  gunpowder  early  this  spring 
to  that  and  the  other  out  garrisons. 

The  ill  consequences  I  apprehend  to  the  whole  Province 
if  that  garrison  of  Oswego  should  fall  into  the  enemy's 
hands,  induced  me»for  its  support  to  order  some  persons  to 
be  sent  thither*  to  reside  there  this  last  winter.  I  expect 
you  will  provide  for  that  expense,  and  for  the  support  of 
such  an  additional  number  of  men  as  may  be  found  needful 
to  send  thither.4 

It  has  been  represented  to  me  that  the  allowance  made 
to  the  Commissioners  for  Indian  Affairs  is  not  sufficient 
to  defray  the  necessary  disbursements  which  that  service 
will  require,  especially  in  case  of  war  with  the  French.  I 
must  therefore  recommend  it  to  you  to  make  such  farther 
addition  as  the  nature  of  that  service  does  demand. 

By  the  accounts  received  from  the  West  Indies  the 
smallpox  rages  in  several  of  the  islands  there.  I  have 
taken  all  the  precautions  in  my  power  to  guard  against  its 
being  brought  in  hither,  and  I  think  it  would  be  expedient 


3  A  fortification  act,  chap.  758,  passed  May  19th,  made  provision  for  repair- 
ing the  forts  in  New  York  and  Albany. 

4  An  appropriation  to  reimburse  expenses  incurred  to  aid  the  Oswego  gar- 
rison was  made  by  the  fortifications  act,  chap.  758,  passed  May  19th. 


316  MESSAGES  FROM  THE  GOVERNOR. 

to  pass  a  law  as  soon  as  may  be  to  prevent  the  bringing  in 
that,  or  any  other  infectious  distemper  with  such  penalties 
as  will  render  it  effectual  for  that  purpose. 

GENTLEMEN. —  These  things  which  I  have  recommended 
to  you  are  such  as  concern  the  honor,  the  interest  and 
safety  of  this  Province,  and  if  there  be  any  other  which 
can  contribute  to  the  welfare  of  the  people  under  my  gov- 
ernment, I  shall  cheerfully  concur  in  every  measure  that 
can  promote  an  end  I  have  so  much  at  heart. 

G.  CLINTON. 

SPECIAL  MESSAGES. 

April  20.  Assuring  the  Assembly  that  he  would  imme- 
diately give  directions  in  compliance  with  its  resolution, 
requesting  the  Governor  to  direct  the  Commissioners  of 
Indian  Affairs  at  Albany  to  deliver  certain  cannon  and 
warlike  stores  for  use  in  the  fortifications  at  Oswego, 
Schenectady  and  at  Fort  Hunter  in  the  Mohawks  country. 
(See  note  1.) 

April  26.  Thanking  the  two  Houses  for  their  joint 
address. 

May  8.  Transmitting  accounts  for  expenses  in  connec- 
tion with  Indian  Affairs. 

May  11.  Transmitting  an  extract  from  the  London 
Gazette  of  March  24,  from  which  it  appeared  that  war  had 
been  declared  by  France  against  England. 

May  17.  Referring  again  to  the  impending  war  between 
England  and  France,  the  Governor  urged  immediate  con- 
sideration of  measures  for  strengthening  Oswego,  and  in 
relation  to  the  Indians  said : 

"It  is  obvious  to  every  considering  man,  who  informs 
himself  of  the  situation  of  the  Five  Nations,  that  a  party 
of  men  posted  in  the  Seneka's  country  will  be  of  the  great- 
est importance  to  this  and  otHer  his  Majesty's  dominions 
on  this  Continent,  as  it  is  the  best,  if  not  the  only  means, 
to  secure  the  fidelity  of  those  Nations  in  this  critical  con- 
juncture, when  you  may  be  sure  the  French  will  take  every 


GEORGE  CLINTON,  1744.  317 

advantage  of  our  neglects;  and  if  they  succeed  therein, 
think  seriously  of  the  fatal  consequences  of  it,  and  how 
irretrievable  they  will  be;  wherefore,  I  earnestly  recom- 
mend it  to  you  to  make  suitable  provision -for  that  service." 

The  Governor  also  said  the  war  would  necessitate  ex- 
penditures not  provided  for  in  existing  appropriations  and 
urged  the  Assembly  to  * 4  make  provision  for  such  services 
and  incidents  as  may  arise  and  be  absolutely  necessary." 
The  Governor  also  recommended  measures  for  strengthen- 
ing the  fortifications  in  New  York.  (See  note  3.) 

May  18.  Protesting  against  the  Assembly  resolution  to 
postpone  until  the  next  session  consideration  of  the  inci- 
dental matters  referred  to  in  the  Governor 's  message  of  the 
preceding  day. 

May  19.  The  Assembly  adjourned  to  the  third  Tuesday 
of  July. 


1744.     JULY.    TWENTY-THIRD  ASSEMBLY,  THIRD  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  met  the  17th  of  July,  and  the  next  day  the 
Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN. —  At  your  last  meeting,  from  the  authentic 
intelligence  I  had  concerning  the  French  war,  you  had  my 
recommendation  to  make  provision  for  several  matters 
which  I  then  conceived  to  be  of  great  importance,  though 
hitherto  it  has  not  had  entire  effect. 

His  most  sacred  Majesty,  in  just  resentment  of  the  many 
repeated  indignities  offered  to  his  Crown  and  Kingdoms 
by  the  French  King,  by  his  notorious  violation  and  breach 
of  the  most  solemn  treaties,  his  open  hostilities  lately  com- 
mitted against  the  British  fleet  in  the  Mediterranean,  and 


318  MESSAGES  FROM  THE  GOVERNOR. 

the  daring  affront  offered  by  the  reception  of  the  son  of 
the  Pretender  in  the  French  dominions,  and  the  prepara- 
tions made  for  an  invasion  of  his  Majesty's  kingdoms  in 
favor  of  a  popish  Pretender,  found  himself  indispensably 
obliged  to  take  up  arms,  in  concert  with  his  allies,  to  sup- 
port the  balance  and  liberties  of  Europe  by  putting  a  check 
to  the  ambitious  views  of  that  aspiring  monarch  to  reduce 
all  the  powers  of  Europe  under  his  influence  and  tyranny, 
not  doubting  of  the  blessing  of  Almighty  God  on  so 
righteous  a  cause. 

It  is  therefore  incumbent  on  us  to  use  the  greatest  dili- 
gence and  dispatch  to  put  this  Province  into  the  best  pos- 
ture of  defence,  to  repel  any  attempts  which  may  be  made 
against  us,  and  not  only  so,  but  to  exert  ourselves  in  such 
a  manner  as  we  may  be  able  upon  occasion  to  attack  and 
distress  our  enemies.1 

The  completing  the  several  fortifications  in  this  city, 
Albany,2  Oswego,3  and  the  other  garrison  should  now  be 
attended  to  without  the  least  delay,  wherein  I  cannot  but 
observe  there  has  hitherto  been  made  but  too  slow  a  prog- 
ress. As  to  what  I  think  farther  necessary  to  be  done  for 
the  security  and  defence  of  this  city  and  other  parts  of  the 
Province,  I  shall  lay  the  particulars  thereof  before  you. 

According  to  my  former  resolution,  I  have  sent  up  the 
cannon  and  ammunition  to  Oswego  and  a  reinforcement  of 
soldiers,  as  also  a  detachment  to  Saratoga,  all  which  are 
arrived;  and  upon  the  representation  of  the  officer  at 
Oswego  whilst  I  was  at  Albany,  I  then  ordered  such  things 
as  were  immediately  necessary  for  the  security  and  defence 
of  that  place,  and  likewise  directed  an  interpreter  to  be 
sent  there,  and  six  Indians  to  serve  as  scouts  to  watch  and 


1  An  act,  chap.  775,  for  the  defence  of  the  colony  was  passed  September  21st. 

2  An   act,   chap.   786,   passed   September   21st,   appropriated   three   hundred 
pounds  for  completing  fortifications  in  Albany. 

3  An  act,  chap.  764,  "  to  support  the  garrison  and  trading  house  at  Oswego  " 
was  passed  September  1st. 


GEORGE  CLINTON,  1744.  319 

give  intelligence  of  the  motions  of  the  enemy,  and  upon 
information  since  I  arrived  here,  have  further  directed  two 
Indians  of  each  of  the  Six  Nations  to  b$  retained  by  us  in 
our  pay  to  reside  at  Oswego,  in  order  to  assist  in  the  de- 
fence of  it  in  case  it  should  be  attacked.  I  found  it  requisite 
also  to  advance  fifty  pounds  to  the  officer  here  to  lay  out 
occasionally  for  presents  to  the  Indians  or  other  incidental 
services  as  shall  be  judged  expedient  from  time  to  time, 
and  the  same  officer  has  acquainted  me  that  he  has  already 
expended  several  sums  on  such  like  occasions,  which  I  have 
promised  him  to  recommend  to  you  to  reimburse ;  for  which 
and  all  other  moneys  advanced  upon  the  credit  and  for  the 
honor  and  service  of  the  public  upon  any  emergency,  I 
cannot  doubt  but  you  will  readily  make  provision  when  the 
accounts  are  laid  before  you.4 

The  great  importance  of  that  place  has  been  often  en- 
larged upon  so  as  to  render  a  repetition  needless.  I  cannot, 
however,  omit  taking  notice  that  upon  the  preservation  of 
that  fortress  the  fidelity  of  the  Six  Nations  to  the  British 
interest  does  in  a  great  measure  depend. 

I  have  lately  had  an  interview  with  those  Indians  at 
Albany,  and  have  renewed  the  treaties  and  strengthened 
the  alliance  with  them.  They  expressed  their  hearty  attach- 
ment to  the  British  interest  in  the  strongest  terms,  though 
I  found  them  rather  inclinable  not  to  intermeddle  with  the 
war  unless  provoked  thereto  by  an  attempt  of  the  French 
from  Canada  upon  any  of  our  possessions. 

There  met  me  upon  this  occasion  Commissioners  from 
the  Province  of  the  Massachusetts  Bay  and  the  colony  of 
Connecticut,  fully  impowered  to  treat  with  those  nations 
by  my  permission  to  revive  the  ancient  amity  and  alliance 
between  them  and  those  governments,  in  which  I  was  glad 


4  The  general  appropriation  act,  chap.  783,  passed  September  21st,  provided 
a  sum  to  be  expended  in  making  presents  to  the  Indians,  and  for  other  inci- 
dental purposes  connected  with  Indian  affairs. 


320  MESSAGES  FROM  THE  GOVERNOR. 

of  the  opportunity  of  giving  them  the  full  liberty,  conceiv- 
ing it  must  redound  to  the  advantage  of  the  common  cause 
of  his  Majesty's  respective  colonies  in  North  America,  and 
of  course  tend  towards  an  hearty  union  of  the  several  gov- 
ernments in  their  respective  councils  and  actions  upon  the 
present  important  occasion. 

It  highly  concerns  the  interest  of  this  government  in  par- 
ticular, as  well  as  the  British  interest  upon  the  Continent 
in  general,  to  preserve  the  Six  Nations,  and  all  other  Indians 
in  alliance  with  us  and  them,  steady  in  their  engagements, 
for  if  by  the  artifices  and  intrigues  of  a  subtle  enemy  they 
should  at  length  through  any  imprudence  of  ours  be  se- 
duced from  their  fidelity  to  his  Majesty,  we  may  easily  see 
how  fatal  and  destructive  such  an  event  would  prove. 

The  commissioners  from  the  Massachusetts  government 
had  full  powers  likewise  for  entering  into  a  strict  union 
and  alliance  with  us  and  all  the  colonies  on  the  main  to 
concert  and  agree  with  them  upon  proper  measures  for 
their  joint  conduct  in  the  war,  as  well  offensively  as  de- 
fensively against  the  common  enemies  for  our  mutual  ad- 
vantage. I  earnestly  recommend  it  to  you  to  provide 
supplies  the  better  to  enable  me  to  commissionate  proper 
persons  with  like  powers  for  this  laudable  end,  that  thereby 
such  measures  may  be  engaged  in  touching  the  conduct  of 
the  war  in  these  parts  that  his  Majesty's  American  sub- 
jects may  not  only  be  safe  in  their  possessions,  but  become 
a  terror  to  his  enemies.5 

GENTLEMEN. —  It  may  be  proper  for  you  to  consider  that 
while  his  Majesty's  station  ship  is  refitting,  our  coast  and 
trade  is  unguarded ;  in  this  case  the  examples  of  the  neigh- 


5  On  the  19th  of  September,  the  Assembly  adopted  a  resolution  expressing 
the  opinion  that  it  would  be  "  imprudent  in  them  to  engage  in  any  scheme 
before  a  plan  of  it  was  imparted  to  them,  from  which  they  might  form  a  judg- 
ment of  the  thing,  and  how  far  the  colony  might  be  able  to  assist  in  the  execu- 
tion thereof." 


GEORGE  CLINTON,  1744.  321 

boring  governments  may  at  this  conjuncture  well  be 
thought  worthy  your  imitation,  the  fitting  out  vessels  well 
manned  and  armed  in  order  to  prevent  or  defeat  any  efforts 
of  a  rapacious  enemy  until  the  man  >of  war  can  be  com- 
pleted for  service  and  other  ships  arrive  from  Great 
Britain  (which  I  have  represented  to  the  Lords  of  the 
Admiralty  to  be  requisite)  may  well  compensate  any  ex- 
pense the  Province  can  be  put  to  on  that  account. 

Nor  is  the  appointment  of  an  agent  at  the  Court  of  Great 
Britain  to  negotiate  the  affairs  of  the  Province  with  a 
salary  adequate  to  that  service  of  small  importance ;  I  have 
before  recommended  it,  and  as  a  matter  I  think  still  of 
greater  consequence  at  this  time  I  cannot  but  repeat  it. 

GENTLEMEN. —  These  several  services  must  unavoidably 
be  attended  with  extraordinary  expense,  but  think  seri- 
ously how  fatal  the  consequences  may  be  to  our  civil  and 
religious  liberties  should  we  by  any  backwardness  or  defect 
in  making  suitable  provision  for  defraying  the  charges 
necessary  to  these  ends,  and  to  answer  all  other  incidents 
and  contingencies  of  the  government,  supinely  suffer  any 
part  of  this  Province  to  fall  into  the  enemy's  hands. 

If  therefore  the  honor  of  his  most  sacred  Majesty  and 
the  British  subjects,  the  preservation  of  your  liberties  and 
properties  and  all  that  is  dear  and  sacred  to  you  may  be 
thought  the  most  prevailing  motives  for  exerting  your 
vigor  at  this  time  of  common  danger,  I  entreat  you 
calmly  and  deliberately  to  think  on  these  things,  and  I 
persuade  myself  I  may  confidently  rely  on  your  raising 
such  supplies  as  will  effectually  answer  the  present  exi- 
gencies and  enable  me  to  support  the  honor  and  dignity  of 
this  government,  and  pursue  every  method  for  its  safety, 
to  which  you  will  always  find  me  attentive  with  the  sin- 
cerest  regard. 

G.  CLINTON. 


322  MESSAGES  FROM  THE  GOVERNOR. 

SPECIAL  MESSAGES. 

July  24.  The  Governor  sent  the  following  message  to 
both  Houses : 

' '  In  my  speech  delivered  to  you  on  the  18th  inst.  I  spoke 
in  general  how  much  it  imported  us  at  this  critical  con- 
juncture to  use  the  utmost  diligence  and  dispatch  for  put- 
ting this  Province  into  the  best  posture  of  defence,  and 
recommended  to  you  to  make  a  provision  suitable  to  that 
end;  and  as  to  what  I  had  already  ordered,  or  should 
think  further  necessary  to  be  done  immediately  for  our 
security  I  told  you  I  would  lay  the  particulars  before  you ; 
and  accordingly  they  are  contained  in  the  following  articles. 

1st.  As  to  my  directions  already  given  concerning  the 
fortifications  in  this  City; 

I  have  ordered  the  Brass  cannon  in  the  Flag  Mount  in 
Fort  George  to  be  repaired  and  rendered  fit  for  service. 

Ninety-five  shot  boxes,  one  for  each  gun,  four  more  sen- 
tinel boxes,  a  new  flag  staff,  and  a  platform  on  the  south 
east  bastion  in  Fort  George  to  be  forthwith  made. 

Leaden  aprons  to  be  made  for  the  cannon  on  Copsey 
Battery,  and  a  fence  from  the  east  to  the  west  side  thereof. 

Eight  cannon  to  be  removed  to  Mr.  Eutger's  wharf,  on 
the  North  River,  and  eight  to  Burnet's  Key  on  the  East 
Eiver,  for  land  batteries  in  case  of  an  invasion. 

2dly.  Concerning  what  I  judge  further  necessary  to  be 
done  towards  completing  the  fortifications  of  this  city: 

The  magazine  in  Fort  George,  under  the  south  east  bas- 
tion, to  be  sufficiently  repaired  for  the  receptior  and  safe 
custody  of  gunpowder. 

A  greater  quantity  of  gunpowder  to  be  forthwith  pro- 
vided, that  all  the  garrisons  may  have  a  sufficiency. 

The  rest  of  the  barracks  in  Fort  George  should  be  re- 
built for  the  accommodation  of  the  two  independent  com- 
panies, which  cannot  be  lodged  there  without  them. 


GEORGE  CLINTON,  1744.  323 

A  banquette,  or  foot  bank,  should  be  raised  along  the 
inside  of  the  parapet  on  Copsey,  and  the  Flatrock  Batteries, 
to  a  proper  heighth  for  the  musketeers  to  fire  over. 

The  berne  on  Copsey  Battery  to  foe  filled  up  with  sod 
work  to  prevent  the  enemy's  landing  there. 

To  take  away  every  other  gun  on  Copsey,  and  fill  up  each 
other  embrasure  with  sod  work. 

Tompkins  and  leaden  aprons  should  be  made  for  all  the 
cannon. 

Provision  should  be  made  for  sorting  all  the  cannon  shot, 
and  placing  them  in  boxes  next  to  the  proper  guns. 

Matrosses  with  proper  officers  should  be  provided  for, 
to  be  kept  in  constant  exercise. 

3dly,  As  to  what  I  have  directed  concerning  the  fortifi- 
cations in  the  county  of  Albany,  and  respecting  the  Indians, 
in  order  to  secure  their  dependence  on  the  British  interest ; 

Upon  the  representation  of  the  officer  at  Oswego,  to  the 
Commissioners  of  Indian  Affairs  at  Albany,  communicated 
to  me  there,  and  upon  the  report  and  examination  of  some 
traders;  I  then  ordered  that  the  port  holes  of  the  new 
walls  should  be  immediately  altered  in  such  manner  as  that 
the  cannon  might  be  traversed,  and  likewise  that  the  plat- 
form should  be  repaired. 

That  the  officer  should  make  use  of  the  Timber  of  the 
trader's  houses,  to  make  ramparts  and  piles  to  place 
against  the  wall,  to  strengthen  and  secure  it. 

I  have  ordered  the  Commissioners  of  Indian  Affairs 
immediately  to  send  up  into  the  Seneka's  country  an 
armourer  and  smith,  with  two  or  three  other  men  with 
them  to  reside  there,  upon  the  complaint  of  the  Sachems  of 
that  Nation  that  they  were  in  great  want  of  them  to  assist 
in  removing  their  castles  near  to  the  Cayouges,  for  their 
greater  strength  and  security,  according  to  my  recom- 
mendation to  them  for  that  purpose. 


324  MESSAGES  FROM  THE  GOVERNOR. 

4thly,  Concerning  what  is  further  necessary  to  be  done 
for  the  security  of  the  county  of  Albany : 

A  strong  fort  to  be  built  in  a  proper  situation  near 
Crown  Point,  and  a  sufficient  garrison  kept  there  to  main- 
tain it,  and  as  from  thence  the  French  can  make  inroads 
into  this  Country,  and  the  Neighboring  governments  to  the 
eastward,  this  should  be  done  at  our  joint  expense. 

A  strong  fort  should  likewise  be  built  at  Tierondequat, 
or  some  other  proper  place  in  the  Seneka's  country,  and  a 
strong  garrison  kept  in  it,  to  maintain  it,  in  order  to  pre- 
serve the  Seneka's  and  other  Indians  in  their  fidelity  to  his 
Majesty;  and  as  all  his  Majesty's  governments  on  the  Con- 
tinent are  in  some  degree  concerned  in  this  material  article, 
this  ought  to  be  done  at  the  joint  expense  of  all  interested. 

Upon  your  making  proper  provision,  I  will  commission- 
ate  fit  persons  to  treat  with  the  neighboring  governments 
touching  these  articles,  and  such  others  as  shall  be  judged 
expedient  from  time  to  time  for  our  mutual  defence  and 
the  annoyance  of  his  Majesty's  enemies.  (See  note  1.) 

G.  CLINTON." 

July  31.  The  Governor  sent  to  both  Houses,  the  follow- 
ing additional  communication  relative  to  military  prepara- 
tions : 

* '  Since  my  last  message  to  the  House  on  the  24th  instant, 
several  other  particulars  have  occurred  to  me,  which  in 
my  opinion  the  public  security  requires  to  be  provided  for 
at  this  time. 

It  is  absolutely  necessary  there  should  be  a  battery  of 
six  guns  at  Red  Hook,  on  Nassau  Island,  which  would 
effectually  prevent  the  enemy's  lying  there,  to  bombard 
this  city,  or  their  landing  any  force  or  artillery  on  Nutten 
Island;  in  case  of  any  such  attack  upon  us,  this  battery 
might  be  easily  supplied  and  maintained  by  the  force  of 
the  country. 


GEORGE  CLINTON,  1744.  325 

It  would  likewise  be  proper  to  raise  another  battery  on 
the  front  of  the  Great  Dock  of  this  city,  in  order  to  flank 
the  east  side  of  Copsey  Battery,  as  the  Flat  Eock  battery 
does  to  the  westward. 

I  omitted  to  acquaint  you  in  my  last,  that  I  had  ordered 
the  Commissioners  of  Indian  Affairs  at  Albany  to  agree 
with  ten  men  and  an  officer,  upon  the  most  reasonable  terms 
they  could,  to  serve  as  outscouts  towards  Crown  Point,  to 
be  immediately  employed  on  that  occasion,  to  watch  and 
give  intelligence  on  the  motions  of  the  enemy  from  that 
quarter,  who  were  agreed  with  and  sent  out  accordingly, 
and  are  since  returned;  I  doubt  not  but  you  will  provide 
for  this  service  also,  when  the  accounts  are  laid  before  you.6 

And  further,  it  is  necessary  that  you  provide  for  the  sup- 
port of  such  a  number  of  men  and  officers  as  may  be  suffi- 
cient to  be  kept  constantly  in  pay  in  that  employ  in  the 
county  of  Albany  during  the  war. 

The  Commissioners  of  Indian  Affairs  have  recommended 
the  number  to  be  thirty-nine  men  and  two  officers  for  this 
purpose,  and  ten  Indians  to  be  retained  in  aid  of  them, 
who  will  be  able  to  penetrate  further  into  the  Enemy's 
country  than  the  other  scouts,  with  this  advantage,  that 
they  may  not  only  be  secure  in  their  persons  but  unsus- 
pected. 

I  have  been  acquainted  that  in  the  former  war  with 
France,  some  companies  of  the  militia  detached  from  other 
counties,  were  sent  up  to  Albany  to  continue  there  in  the 
pay  of  the  country,  to  assist  in  the  defence  of  that  county; 
the  Commissioners  of  Indian  Affairs  have  recommended 
it  to  me  as  a  matter  requisite  to  be  done  at  this  time. 

The  Allowance  to  the  Commissioners  of  Indian  Affairs 
ought  now  of  necessity  to  be  enlarged,  as  it  must  be  ex- 
pected, that  many  incidental  services  will  arise  to  the  public 


6  Payment  of   these   expenses     for   outscouts    was    provided   for   in   an   act, 
chap.  775,  passed  September  21st,  for  the  defence  of  the  colony. 


326  MESSAGES  FROM  THE  GOVERNOR. 

in  the  time  of  war,  as  well  from  Indians  as  others,  which 
from  the  nature  of  them  will  demand  gratuities,  which  the 
present  annual  provision  for  negotiating  Indian  affairs  is 
too  scanty  to  admit  of,  as  I  have  heretofore  intimated 
to  you. 

G.  CLINTON." 

Also  transmitting  accounts  for  expenses  incurred  in 
military  preparations. 

August  20.  The  Governor  continued  his  consideration 
of  the  war  in  the  following  message : 

•'  From  the  examination  herewith  laid  before  you,  it 
must  be  inferred  that  the  Province  has  suffered  consider- 
able damage  this  summer  by  the  precipitate  retreat  of  our 
Indian  traders  from  Oswego,  upon  notice  of  the  French 
War ;  most  of  them  you  will  find  left  the  place  immediately 
upon  the  alarm,  sold  what  they  could  of  their  goods  to 
those  few  of  their  brethren  that  had  the  sense,  courage  and 
resolution  to  stay  behind,  and  brought  the  remainder  back 
with  them.  You  will  judge  what  a  balk  and  discouragement 
this  instance  of  pusilanimity  has  occasioned  to  those  num- 
ber'of  Indians  of  the  far  Nations  who  have  rarely  come  to 
trade  with  us ;  but  perhaps  finding  the  French  had  no  goods 
to  supply  them  at  Niagara,  resolved  to  proceed  to  Oswego, 
where  some  of  them  found  the  place  was  basely  deserted 
by  most  of  the  people,  and  no  goods  to  exchange  for  their 
furs;  upon  information  whereof,  many  other  Indian 
canoes  were  turned  back  before  they  reached  that  place. 

Plow  mean  an  opinion  must  the  savages  entertain  of  us, 
when  they  find  our  people  so  easily  frightened,  as  it  were 
with  a  shadow,  and  that  the  great  gains  which  are  con- 
stantly reaped  by  this  advantageous  traffic  are  not  sufficient 
to  excite  a  resolution  in  our  traders  to  stand  to  the  defence 
of  this  fortress,  the  loss  of  which  would  determine  that 
trade,  and  it  is  to  be  feared  the  Indians  too,  in  favor  of  our 


GEORGE  CLINTON,  1744.  327 

natural  enemies  the  French ;  how  fatal  such  an  event  would 
prove  to  this  colony  in  particular,  and  the  British  interest 
upon  the  Continent  in  general,  may  be  easily  foreseen. 

The  pernicious  consequences  which  must  inevitably  flow 
from  this  sort  of  demeanor,  I  persuade  myself  you  will 
think  deserving  of  your  serious  attention,  and  that  you  will 
put  this  most  profitable  branch  of  our  trade  into  such  a 
method  for  the  future  as  may  encourage  and  invite  the 
most  distant  nations  to  come  yearly  to  trade  at  that  mart; 
when  by  the  wisdom  and  justice  of  the  Legislature,  matters 
are  so  regulated  for  the  future  that  the  Indians  may  be 
assured  that  not  only  their  occasions  will  always  be  plenti- 
fully supplied  there  with  goods,  the  best  in  their  kind,  but 
also  at  the  most  reasonable  rates ;  touching  which  last  arti- 
cle the  Six  Nations  have  made  frequent  complaints;  by 
these  measures  we  shall  establish  such  a  credit  amongst 
our  own  and  the  remotest  Indians  that  it  will  not  be  in  the 
power  of  the  French  to  rival  us  in  that  point. 

I  cannot  but  with  the  greatest  earnestness  recommend  it 
to  you,  to  make  provision  for  the  maintenance  of  such  pris- 
oners of  War  as  have  already  been,  or  shall  hereafter  be 
brought  into  this  port;  it  is  utterly  improper  they  should, 
contrary  to  all  precedents,  be  suffered  to  go  about  at  large, 
viewing  our  situation  and  fortifications,  a  practice  not 
suffered  by  any  other  country  in  the  time  of  the  profound- 
est  peace ;  and  if  they  are  not  to  be  supported  by  the  public, 
it  must  be  expected  that  our  privateers  will,  upon  any  cap- 
tures for  the  future,  discharge  themselves  of  the  incum- 
brance  by  putting  them  on  shore  in  some  of  their  own 
dominions ;  which  likewise,  contrary  to  all  good  policy,  will 
be  a  strengthening  of  the  enemy  by  setting  those  hands  at 
liberty  to  annoy  us,  which  were  once  in  our  power  effectu- 
ally to  have  restrained ;  and  besides,  that  compassion  which 
is  due  to  our  fellow  subjects  who  may  have  the  misfortune 
to  fall  into  the  enemy's  hands,  should  induce  us  to  secure 


328  MESSAGES  FKOM  THE  GOVERNOE. 

those  enemies  who  come  within  our  power,  in  order  to  ex- 
change for  our  countrymen,  who  otherwise  must  languish 
in  prison  in  the  Enemy's  hands;  if  you  provide  for  their 
subsistence,  I  will  take  care  to  distribute  them  in  the  best 
manner  I  can.7 

By  the  letter  lately  received  from  the  Commissioners  of 
Indian  Affairs  (herewith  also  laid  before  you)  you  will  see 
what  further  information  I  have  received  concerning  the 
French  designs  against  that  important  place  of  Oswego. 

G.  CLINTON." 

With  the  foregoing  message  the  Governor  transmitted  a 
communication  from  the  Commissioners  of  Indian  Affairs 
and  an  affidavit  of  George  Swan  a  merchant  These  papers 
are  not  included  in  the  records. 

August  31.  The  Governor  sent  the  following  message  to 
the  Assembly : 

"  In  my  message  to  you  of  the  20th  instant,  I  did, 
amongst  other  things,  most  earnestly  recommend  to  you  to 
make  provision  for  the  maintenance  of  such  prisoners  of 
war  as  had  already  been  or  should  thereafter  be  brought 
into  this  port;  and  laid  before  you  some  arguments  which 
I  thought  would  induce  you  thereto;  and  as  you  have  not 
thought  fit  to  return  me  any  answer  to  that  message,  nor 
it  any  ways  appearing  that  you  have  so  much  as  had  it 
under  your  consideration,  I  thought  it  necessary  to  advise 
with  his  Majesty's  Council  thereon;  who,  on  weighing  the 
reasons  offered  in  that  part  of  the  said  message,  and  fur- 
ther considering  that  it  is  the  constant  practice  of  all 
civilized  nations  to  provide  for  the  subsistence  of  their 
Prisoners  of  war,  and  particularly  that  the  Spaniards  do 
allow  theirs  a  royal  a  day,  besides  what  they  can  earn  by 
their  labor;  and  as  on  the  one  hand  it  is  very  unsafe  to 


1  An  act  for  the  defence  of  the  colony,  chap.  775,  passed  September  21st, 
made  provision  for  the  maintenance  of  prisoners  of  war. 


GEORGE  CLINTON,  1744.  329 

permit  our  prisoners  to  continue  at  large,  and  on  the  other 
it  may  be  thought  cruel  to  commit  them  to  jail  without  a 
certain  subsistence  provided  for  them,  and  that  any  ill 
treatment  of  our  prisoners  may  occasion  a  retaliation  on 
our  fellow  subjects  who  may  have  the  misfortune  to  fall 
into  the  Enemy's  hands;  have  advised  me  to  send  you  a 
second  message  on  this  subject,  to  demand  a  speedy  an- 
swer thereto,  that  I  may  take  such  measures  as  shall  be 
found  necessary;  and  I  expect  your  answer  accordingly. 

(See  note  7.) 

G.  CLINTON." 

September  4.  Transmitting  a  letter  from  the  Commis- 
sioners of  Indian  Affairs  at  Albany  relative  to  the  defence 
of  Oswego.  (See  note  3.) 

September  6.  The  two  Houses,  joining  in  an  address  to 
the  Governor  in  response  to  the  communication  from  the 
Commissioners  of  Indian  Affairs  relative  to  Oswego,  ad- 
vised him  that  for 

1  *  the  further  security  of  that  place  against  any  attempts 
of  the  French,  to  order  thither  a  detachment  of  fifty  men, 
of  the  militia  of  the  county  of  Albany,  with  a  sufficient  sup- 
ply of  ammunition  and  provisions ;  and  if  the  enemy  should 
attack  that  place,  to  order  such  a  force  as  your  Excellency 
shall  think  sufficient  to  relieve  it,  and  the  General  Assembly 
assures  your  Excellency  that  they  will  make  good  all  such 
expenses  as  may  arise  for  the  defence  and  security  of  that 
important  place. 

And  we  further  beg  leave  to  assure  your  Excellency,  that 
we  will  cheerfully  contribute  everything  in  our  power  for 
the  defence  and  safety  of  this  colony,  and  the  repelling  any 
attempts  of  the  enemy. ' ' 

The  Governor  thanked  the  Legislature  for  this  address, 
and  said  he  would  comply  with  its  recommendations  imme- 
diately. 

September  13.  Replying  to  an  address  from  the  Assem- 
bly requesting  that  French  prisoners  be  sent  out  of  the 


330  MESSAGES  FROM  THE  GOVERNOR. 

colony  at  such  a  time  and  in  such  a  manner  as  the  Gov- 
ernor might  think  proper,  he  said  he  would  consult  the 
Council  about  sending  away  the  prisoners  as  soon  as  con- 
venient. 

September  13.  Transmitting  accounts  for  expenses  in- 
curred in  connection  with  the  defence  and  fortification  at 
Oswego.  The  Assembly  adopted  a  resolution  postponing 
consideration  of  these  accounts  until  the  next  session. 

September  14.  The  Assembly  was  informed  that  its 
address  relative  to  the  French  prisoners  had  been  laid 
before  the  Council,  and  that  the  prisoners  would  be  sent 
away  with  all  convenient  speed. 

September  18.  The  Governor  sent  the  following  com- 
munication to  the  Assembly : 

' '  By  the  last  post  I  received  a  letter  from  Governor 
Shirley,  wherein  he  expresses  himself  that  he  is  sorry  to 
find  the  Assembly's  want  of  attention  to  the  mutual  inter- 
est of  our  own  and  the  neighboring  colonies,  in  so  essential 
a  point  as  the  settlement  of  a  treaty  with  them  for  the  con- 
duct of  the  war. 

You  may  remember  I  recommended  this  affair  earnestly 
to  you  at  the  opening  of  this  session ;  and  as  it  is  a  matter 
which  must  redound  much  to  the  benefit  of  this  Province, 
I  am  surprised  that  you  have  done  nothing  hitherto  the 
better  to  enable  me  to  appoint  commissioners  to  treat  with 
those  of  the  neighboring  colonies,  touching  the  conduct  of 
the  war,  against  the  subjects  of  the  French  King,  as  well 
offensively  as  defensively. 

I  expect  you  will  take  this  matter  into  your  immediate 
consideration,  it  tending  manifestly  to  the  common  benefit 
of  the  British  interest  upon  this  Continent. 

G.  CLINTON." 

September  21.  The  Assembly  adjourned  to  the  first 
Tuesday  in  November. 


1745.    MARCH.    TWENTY-THIRD  ASSEMBLY,  FOURTH  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  had  been  adjourned  to  the  first  Tuesday 
of  November,  1744,  but  it  did  not  meet  for  the  transaction 
of  business  until  the  12th  of  March,  1745,  when  the  Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  THE  GENERAL  ASSEMBLY. 
— At  this  critical  conjuncture  I  flatter  myself  you  are  met 
with  warm  dispositions  to  exert  your  most  vigorous  en- 
deavors in  promoting  his  Majesty's  service  and  the  true 
interest  of  your  country. 

From  the  attempts  made  by  the  French  last  summer 
upon  Annapolis  Royal,  the  Province  of  the  Massachusetts 
Bay,  animated  with  a  becoming  resentment  of  the  indig- 
nity, have  been  meditating  a  design  against  the  French 
settlements  to  prevent  the  like  invasions  for  the  future 
upon  that  or  any  other  of  his  Majesty's  colonies  in  those 
parts,  and  after  a  minute  examination  and  inquiry  into  the 
strength  of  their  forces  and  fortifications  by  persons  well 
acquainted  with  them  both  in  peace  and  war,  the  Legisla- 
ture of  that  Province  came  to  a  resolution  to  make  an 
attack  upon  them  with  such  land  and  naval  force  as  they 
can  raise  amongst  themselves,  such  of  his  Majesty's  ships 
of  war  as  may  be  had,  and  such  ships  and  land  forces  as 
they  depend  upon  having  added  to  their  strength  by  assist- 
ance from  the  neighboring  governments  to  act  in  concert 
with  them. 

Upon  this  head  Governor  Shirley  sent  two  of  the  com- 
missioners for  that  Province  hither,  and  wrote  to  me  in  the 
most  pressing  terms  to  recommend  it  to  you  in  the  strong- 
est manner,  to  contribute  a  proportional  strength  of  land 

1331] 


332  MESSAGES  FBOM  THE  GOVERNOR. 

and  naval  force  to  join  them  upon  this  important  enter- 
prise, not  doubting  but  we  should  be  sensible  how  much  the 
success  of  it  would  redound  to  his  Majesty's  service,  the 
interest  of  the  British  dominions  in  general,  as  well  as  the 
northern  colonies  in  particular. 

For  my  part,  being  convinced  how  manifestly  this  expe- 
dition is  calculated  for  the  honor  of  his  Majesty  and  the 
interest  of  his  subjects,  I  did  upon  the  occasion  what  has 
been  requested,  and  could  be  expected  from  me  immedi- 
ately, and  what  I  thought  behoved  me  to  do,  with  the  utmost 
dispatch  upon  the  public  faith;  I  have  sent  away  ten  pieces 
of  field  ordnance  to  Boston  with  their  implements,  without 
which  all  other  preparations  must  have  been  frustrated; 
and  I  do  most  earnestly  recommend  it  to  you  to  use  all 
diligence  in  taking  proper  measures  that  this  Province  may 
bear  its  full  proportion  in  concert  with  their  neighbors  in 
carrying  on  this  important  enterprise,  as  the  consequence 
of  our  success  in  it  would  in  all  human  probability  be  of 
infinite  advantage  to  this  Province.1 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  There  were 
some  particulars  I  recommended  to  you  at  your  last  meet- 
ing which  had  not  so  much  of  your  attention  as  the  import- 
ance of  them  should  have  seemed  to  require. 

It  may  be  very  uncertain  what  time  our  station  ship  will 
be  returned  hither  from  the  West  Indies,  or  what  condition 
it  may  be  in  for  service  when  it  is;  and  till  it  is  arrived 
and  refitted,  our  coast  and  trade  must  be  without  the  neces- 
sary protection.  It  would  therefore  surely  much  become 
us  to  have  a  Province  vessel  of  sufficient  force  at  all  times 
during  the  war,  not  only  to  guard  ourselves,  but  upon  occa- 
sion to  send  to  the  assistance  of  our  neighbors,  from  whom 


i  April  9th,  the  Assembly  adopted  a  resolution  to  appropriate  three  thou- 
sand pounds  for  the  assistance  of  Massachusetts  in  the  expedition  against  Cape 
Breton.  An  act,  chap.  792,  was  passed  at  the  next  session,  July  6,  1745,  which 
appropriated  five  thousand  pounds  to  aid  Massachusetts  in  the  Cape  Breton 
expedition. 


GEORGE  CLINTON,  1745.  333 

we  might  with  reason  expect  the  like  good  office.  To  our 
discredit,  other  colonies  which  are  none  of  them  better  able 
to  support  that  expense  and  perhaps  have  less  at  risk,  have 
not  grudged  the  cost  of  taking  that  prudent  measure  in  pro- 
viding for  their  own  security;  I  cannot  but  think  it  an 
article  worthy  of  your  immediate  care.2 

The  necessity  of  an  agent  at  the  court  of  Great  Britain 
may  now  be  more  apparent  to  you  from  a  late  instance  in 
a  clause  in  a  bill  said  to  have  been  brought  into  Parliament 
concerning  the  paper  currency  in  these  colonies,  of  which, 
however,  you  had  not,  nor  indeed  could  you  expect  any 
direct  notice  or  information.  For  want  of  such  an  officer, 
how  can  the  affairs  of  this  government  be  properly  nego- 
tiated? This  I  have  several  times  recommended  to  you, 
but  hitherto  without  effect. 

The  frequent  representations  made  to  me  by  the  Com- 
missioners of  Indian  Affairs  of  the  absolute  necessity  there 
is  for  building  two  more  forts  upon  our  frontiers  in  proper 
and  convenient  places  to  be  assigned,  prevaif  with  me  to 
renew  my  instances  with  you  to  come  to  speedy  resolutions 
to  make  effectual  provision  for  that  service,  that  they  may 
be  erected  with  the  utmost  dispatch. 

The  advantages,  of  course,  arising  from  the  building  of 
such  fortresses  are  the  great  protection  they  must  afford 
to  our  out  settlements,  would  in  great  measure  pacify  and 
quiet  those  people  in  their  possessions ;  it  would  draw  more 
Christians  to  reside  in  greater  bodies  amongst  the  Indians 
upon  our  frontiers,  and  thereby  add  strength  to  them  and 
ourselves ;  and  it  would  be  the  most  likely  means  that  can 
be  thought  on  effectually  to  retain  the  Six  Nations  in  their 

2  Following  the  resolution  of  the  Assembly  that  it  would  not  be  practicable 
to  build  at  once  the  vessel  proposed  by  the  Governor,  an  act,  chap.  789,  was 
passed  May  14th,  to  "  allow  a  premium  to  such  privateers  as  shall  during  the 
present  war  take  or  destroy  any  enemy's  privateer  between  "  Cape  Henlopen 
and  the  east  end  of  Nassau  (Long)  Island  and  north  of  the  thirty -eighth 
degree  of  latitude. 


334  MESSAGES  FROM  THE  GOVERNOR. 

fidelity  to  the  British  interest;  on  the  contrary,  for  want 
of  such  a  countenance,  the  Indians  grow  cool  and  indiffer- 
ent towards  us,  as  we  seem  remiss  and  careless  of  their 
security ;  and  if  we  are  longer  without  such  places  of  refuge 
for  a  retreat  in  case  of  any  incursions  into  the  country  by 
the  French  or  their  Indians,  many  Christian  families  will 
be  obliged  to  desert  their  possessions,  abandon  the  profits 
of  many  years  hard  labor,  and  be  forced  to  beggary  and 
want,  a  more  deplorable  case,  and  must  draw  after  it  a 
train  of  evils  which  may  be  almost  as  easily  prevented  as 
foreseen.  How  expedient  it  is  to  have  such  fortifications 
may  more  evidently  appear  by  the  commissioners'  letters 
which  I  shall  lay  before  you. 

During  the  war  with  the  French,  it  will  be  proper  to  have 
more  frequent  interviews  with  the  Indians,  and  that  you 
make  provision  for  that  purpose. 

Provision  should  likewise  be  made  for  the  charges  of 
sending  up  the  fifty  men  of  the  militia  to  Oswego,  their 
victualling  and  subsistence,  for  the  time  past  and  to  come, 
for  it  is  necessary  they  should  be  continued  or  relieved  by 
a  like  or  perhaps  a  greater  number.  Also,  care  should  be 
taken  to  defray  the  expense  of  sending  thither  a  reinforce- 
ment of  the  King's  troops  last  fall,  and  their  victualling, 
and  for  the  reparations  and  improvements  made  at  that 
fortress  according  to  my  directions  last  summer,  concern- 
ing all  which  particular  accounts  shall  be  laid  before  you.3 

It  is  of  very  great  concernment  to  the  public  affairs  of 
this  Province  that  a  liberal  sum  should  be  set  apart  to 
answer  all  contingencies  and  extraordinary  services  of  the 
government  at  all  times,  but  it  is  most  essentially  necessary 
during  the  war,  and  therefore,  I  cannot  but  repeat  my 
former  recommendations  of  this  particular  with  still 
greater  earnestness. 

I  sent  away  the  French  prisoners  to  St.  Domingo  with 
flags  of  truce  as  soon  as  I  could  get  vessels  to  take  them 


3  The  Assembly,  April  9th,  adopted  resolutions  providing  for  tie  defence  of 
Oswego. 


GEOKGE  CLINTON,  1745.  335 

off.  The  accounts  of  the  money  expended  on  that  occasion 
and  for  their  inaintainance  whiist  here  shall  be  laid  before 
you,  by  which  you  will  find  that  what  was  provided  at  the 
last  meeting  for  the  support  of  the  prisoners  is  near  ex- 
hausted. It  is  necessary  a  further  supply  should  now  be 
raised  to  answer  the  like  occasions  as  it  may  be  expected 
that  more  will  daily  be  brought  into  this  port  upon  future 
captures  to  be  condemned  here. 

I  must  renew  my  recommendation  also  for  your  raising 
supplies  effectually  to  enable  me  to  appoint  commissioners 
for  this  Province  to  treat  with  those  of  the  Massachusetts 
and  other  neighboring  governments  (who  have  or  shall 
appoint  such)  touching  our  joint  conduct  in  the  prosecution 
of  the  War  against  the  French  in  these  parts,  as  well 
offensively  as  defensively.  The  advantages  that  must  most 
probably  arise  from  a  good  understanding,  harmony  and 
union  of  councils  between  his  Majesty's  respective  colonies 
on  this  continent  in  maintainance  of  the  common  cause  are 
too  obvious  to  need  a  particular  enumeration,  were  it  pru- 
dent upon  the  present  occasion  to  point  them  out.  Could 
the  House  have  been  convinced  of  the  expediency  of  such  a 
measure  and  made  suitable  provision  to  that  end  at  their 
last  meeting,  'tis  scarce  to  be  doubted  but  other  colonies 
would  have  followed  the  example  and  been  sensible  how 
just  and  equitable  it  is  for  them  to  bear  a  proportional 
share  of  that  burthen  which  this  Province  does  alone  sus- 
tain by  renewing  of  treaties  with  the  Six  Nations,  and 
maintaining  and  erecting  forts  upon  our  frontiers  (which 
at  the  same  time  should  be  considered  as  a  barrier  to  their 
own  countries)  and  of  such  others  as  are  at  this  time 
thought  proper  and  necessary  to  be  erected,  although  we 
may  be  said  to  be  more  immediately  concerned  in  such  a 
defence  and  security  in  order  to  prevent  the  enemy  from 
having  that  intercourse  with  those  Indians,  in  their  own 
countries  which  we  find  by  experience  they  too  frequently 
have  as  well  in  peace  as  war,  and  as  a  means  to  deter  them 


336  MESSAGES  FROM  THE  GOVERNOR. 

from  making  any  attacks  upon  our  out-settlements ;  but  as 
the  case  is  at  present,  it  most  highly  behoves  us  at  all  ad- 
ventures to  provide  immediately  for  our  own  security  be- 
fore it  is  too  late. 

However,  I  cannot  but  observe  to  you  how  agreeable  it 
seems  to  be  to  the  intentions  of  his  Majesty,  as  well  as  his 
royal  predecessors,  that  the  several  colonies  upon  this  con- 
tinent should  upon  all  occasions  unite  their  force  and  coun- 
cils in  the  common  cause,  which  I  collect  from  several  royal 
instructions  to  me  directing  the  quota  or  proportion  of  the 
respective  governments,  as  well  of  money  as  men  to  be 
provided  upon  emergencies  at  all  times,  and  to  be  employed 
conjunctly  in  the  maintenance  and  defence  of  each  other 
as  occasion  may  require;  which  instructions  have  been 
given  and  continued  down  as  standing  rules  to  the  Gov- 
ernors for  the  time  being,  of  this,  and  no  doubt  of  all  the 
other  colonies  from  the  late  glorious  revolution;  and  not 
only  so,  but  consonant  to»  these  established  directions,  his 
Majesty's  pleasure  was  signified  to  me  upon  the  commence- 
ment of  the  war  with  France  (as  I  have  before  in  part 
intimated  to  you)  that  I  should  immediately  put  the  Prov- 
ince into  a  posture  of  defence,  and  have  the  forces  here  in 
such  a  condition  as  to  be  able  not  only  to  repel  the  French 
forces  if  they  should  attack  us,  but  likewise  if  it  should 
become  necessary  to  attack  them. 

Attempts,  as  I  observed  before,  have  already  been  made 
by  the  French  upon  Annapolis,  which  probably  would  have 
fatally  succeeded  had  not  succours  been  seasonably  sent  to 
their  assistance  from  time  to  time  by  the  government  of 
the  Massachusetts  Bay  as  they  could  raise  them;  and  it 
might  be  expected  the  efforts  of  the  enemy  would  be  re- 
newed the  ensuing  summer,  were  not  the  present  armament 
set  on  foot;  and  though  Nova  Scotia,  New  Hampshire  and 
the  Massachusetts  colonies  are  the  nearest  neighbors  to  the 
French  settlements,  yet  what  fatal  consequences  must  ensue 
to  this  Province  in  particular,  should  those  colonies  be 


GEORGE  CLINTON,  1745.  337 

reduced  to  the  obedience  of  the  French!  Must  not  we  of 
course  expect  to  become  a  prey  likewise? 

GENTLEMEN. —  The  many  weighty  affairs  now  laid  before 
you  which  require  immediate  supplies  have  obliged  me  to 
have  this  session  thus  early ;  I  have  done  my  duty  in  point- 
ing them  out  to  you,  and  recommending  them  to  your  seri- 
ous consideration;  do  you  your's  by  making  such  ample 
provision  for  them,  and  with  such  cheerfulness  and  dis- 
patch as  may  effectually  recommend  you  to  his  Majesty's 
grace  and  favor  and  secure  to  you  the  good  opinion  and 
esteem  of  the  people  you  represent. 

GENTLEMEN  OF  THE  COUNCIL  AND  THE  GENERAL  ASSEMBLY. 
—  What  further  I  have  to  recommend  to  you  at  this  time 
is  unanimity  and  dispatch;  let  your  duty  to  his  Majesty 
and  zeal  for  his  service  and  the  interest  and  security  of 
your  country  become  eminently  conspicuous  by  your  actions 
in  the  conduct  of  the  important  business  before  you. 

G.  CLINTON. 

SPECIAL  MESSAGES. 

March  13.     Thanking  the  Council  for  its  address. 

March  14.  Replying  to  the  Assembly's  request  for  in- 
formation concerning  an  undertaking  intended  to  be  made 
by  the  Province  of  Massachusetts,  and  for  a  copy  of  the 
instructions  referred  to  in  the  opening  speech,  the  Gov- 
ernor transmitted  papers  relating  to  the  proposed  .expedi- 
tion, and  also  a  copy  of  the  royal  instructions  concerning 
a  proportion  of  men  or  money  to  be  provided  by  this  gov- 
ernment, to  be  applied  in  aid  of  any  neighboring  planta- 
tions, in  case  of  an  invasion.  The  Governor  further  said: 
' '  It  will  be  proper  to  consider  that  this  instruction  was 
first  given  by  his  late  Majesty  King  William  III,  and  has 
continued  down  to  this  time ;  and  that  the  circumstances  of 
this  colony  being  greatly  improved  since  that  time,  both  with 
respect  to  number  of  inhabitants,  and  their  abilities,  a  pro- 


338  MESSAGES  FROM  THE  GOVERNOR. 

portion  therefore,  either  of  men  or  money,  upon  the  present 
occasion  should  be  calculated  accordingly.'*  (See  note  1.) 

March  18.  Transmitting  several  papers  relating  to 
Oswego  and  Indian  affairs. 

March  20.  Transmitting  a  letter  from  the  Commission- 
ers of  Indian  Affairs  at  Albany. 

March  21.  Transmitting  estimates  relating  to  certain 
fortifications. 

March  21.  The  Assembly  proposed  an  adjournment 
until  the  25th,  because  of  an  election  to  be  held  in  New 
York  the  next  day,  and  also  because  of  a  desire  to  join  the 
Governor  in  taking  a  view  of  Whitehall  Battery.  The 
Governor  consented  to  the  adjournment,  and  said  he  would 
inform  the  Assembly  of  the  time  he  intended  to  be  at  the 
battery. 

March  28.  Transmitting  an  extract  of  a  letter  received 
from  Lieutenant  Walter  Butler  at  Oswego,  and  also  a  copy 
of  a  letter  dated  at  Frederica  received  by  the  Governor 
from  Captain  William  Horton,  commanding  officer  of  Gen- 
eral Oglethorph's  regiment. 

March  29.  Transmitting  estimates  of  amounts  needed 
for  repairs  to  the  forts  at  Albany  and  Schenectady  and  at 
Fort  William. 

March  29.  The  Governor  sent  the  following  message  to 
the  Assembly: 

* '  Upon  observing  in  the  minutes  of  your  House,  of  the 
17th  instant,  an  opinion  that  half  the  number  of  the  militia 
now  in  garrison  at  Oswego  in  aid  of  the  King's  troops 
would  be  sufficient  for  the  maintenance  of  that  important 
fortress  during  the  ensuing  summer,  and  that  opinion, 
seemingly  founded  on  an  expectation  of  the  additional 
strength  and  assistance  the  traders  would  be  of,  in  case  the 
enemy  should  make  an  attack  there ;  hereupon  I  laid  before 
you,  by  my  secretary,  such  intelligence,  as  I  had  just  re- 
ceived of  the  designs  of  the  enemy  concerning  it,  by  Letters 


GEORGE  CLINTON,  1745.  339 

from  the  commanding  officer  there,  and  from  Frederica; 
from  which  I  imagined  the  House  would  have  been  con- 
vinced, rather  of  the  necessity  of  sending  thither  a  rein- 
forcement, than  of  diminishing  that  garrison;  however,  I 
soon  after  received  your  message  to  the  purpose  above. 

I  have  therefore  advised  with  his  Majesty's  Council  upon 
this  particular,  who  agree  in  sentiments,  that  that  fortress 
ought  to  be  preserved  at  all  adventures;  and  that  no  part 
of  that  garrison  ought  to  be  diminished;  that  no  depend- 
ence is  in  reason  to  be  had  upon  any  assistance  which  the 
traders  ought  to  contribute  towards  the  preservation  of 
that  place,  may  be  collected  from  their  precipitate  retreat 
thence  upon  the  rumor  of  the  French  Y^ar. 

I  have  already  ordered  provisions  to  be  sent  up  for  the 
fifty  militia  now  there  for  the  summer  season,  with  intent 
that  they  should  be  relieved  in  August  or  September,  by  a 
like  or  lesser  number,  according  as  the  circumstances  of 
affairs  may  require. 

My  duty  to  his  Majesty  and  concern  for  the  interest  and 
security  of  the  Province,  will  not  suffer  me  to  consent  to 
any  thing  which  can  hazard  the  loss  of  that  place.  And  I 
must  earnestly  press  it  upon  you  seriously  to  consider, 
whether  it  is  not  incumbent  on  you  at  this  critical  conjunc- 
ture, to  make  suitable  provision  for  its  security;  and  that 
you  calmly  deliberate  upon  the  importance  of  that  House 
and  the  fatal  consequences  which  may  ensue  to  the  Prov- 
ince from  the  least  neglect  of  it  at  this  time  of  eminent 
danger. 

G.  CLINTON." 

March  29.  Informing  the  Assembly  that  he  would  be- 
at Whitehall  battery  the  next  morning  at  nine  o'clock. 

April  4.  Recommending  an  additional  appropriation 
for  the  erection  of  the  Governor's  house,  "  and  likewise  for 
building  the  stables  and  making  new  fences  round  the  gar- 
den, and  other  parts  of  the  Fort." 

April  17.  The  Governor  sent  the  following  message  to 
both  Houses : 


340  MESSAGES  FROM  THE  GOVERNOR. 

"  Since  the  adjournment  of  your  House  I  have  received 
authentic  advice  of  the  arrival  of  a  considerable  French 
armament  at  Martinique,  viz.  seven  sail  of  ships  of  war; 
two  of  74  guns;  two  of  64;  two  of  56,  and  a  frigate  of  36 
guns,  with  upwards  of  twenty  sail  of  transports,  and  three 
thousand  six  hundred  troops,  with  intent  to  make  attempts 
upon  some  of  the  British  dominions  in  South  America ;  but 
as  a  report  of  the  present  expedition  against  Cape  Breton 
is  generally  spread  in  the  West  Indies,  it  is  very  probable 
the  Commander  in  Chief  of  those  forces  has,  ere  now,  got 
intelligence  of  that  design ;  and  it  may  be  reasonably  appre-  / 
hended,  he  will  thereby  be  diverted  from  his  original  inten- 
tion into  these  parts. 

When  you  have  duly  considered  what  are  most  likely  to 
be  the  consequences  of  such  an  event,  I  hope  you  will  be 
animated  to  a  conduct  suitable  to  the  importance  of  such  an 
expedition;  not  only  by  making  sufficient  provision  for 
uniting  with  your  neighbors  in  the  common  cause  in  gen- 
eral, (that  we  may  with  the  better  grace  call  in  their  aid 
should  there  be  occasion)  but  also,  particularly  for  putting 
this  Province  into  the  best  posture  of  defence;  and  that 
this  city  may,  with  all  possible  dispatch,  be  at  least  as  well 
fortified  as  at  any  time  heretofore,  by  setting  stockadoes 
round  it,  and  erecting  block  houses  and  batteries,  at  proper 
and  convenient  distances,  along  the  wharfs  on  each  river, 
that  we  may  thereby  be  enabled  to  give  the  enemy  so  warm 
a  reception,  in  case  they  should  attack  us,  as  may  render 
their  efforts  vain  and  ineffectual. 

G.  CLINTON." 

April  20.  Transmitting  papers  the  contents  of  which 
are  not  disclosed  by  the  records. 

April  22.  Transmitting  a  copy  of  a  letter  from  the 
Duke  of  Newcastle  to  the  Governor,  containing  * '  directions 
that  are  given  to  Commodore  Warren  for  the  protection 
and  service  of  his  Majesty's  colonies  in  North  America." 


GEORGE  CLINTON,  1745.  341 

April  30.  Transmitting  communications  from  the  Com- 
missioners of  Indian  Affairs  at  Albany. 

May  7.  Transmitting  information  received  from  Gov- 
ernor Shirley  of  Massachusetts,  showing  jealousies  con- 
cerning the  Six  Nations  of  Indians, 1 1  as  it  is  said  they  have 
not  hunted  or  planted,  and  that  the  Chiefs  of  them  are 
going  to  wait  on  the  Governor  of  Canada, ' '  and  also  show- 
ing what  Governor  Shirley  had  done  and  proposed  on  that 
subject. 

May  9.  Transmitting  an  account  of  expenditures  for 
presents  made  by  the  Governor  to  the  Wapingo  and  High- 
land Indians  at  an  interview  held  with  them  at  New  York, 
May,  1745. 

May  14.  After  the  publication  of  certain-  laws  the  Gov- 
ernor addressed  the  Assembly  as  follows : 

11  In  my  speech  at  the  opening  of  this  session,  I  recom- 
mended to  you  many  particulars  which  I  thought  of  abso- 
lute necessity  to  be  immediately  provided  for;  and  have 
since,  by  several  messages  and  papers  sent  you  from  time 
to  time  as  occasion  offered,  renewed  my  instances  as  to 
several  of  them,  in  order  to  excite  you  to  a  conduct  worthy 
of  their  importance;  and  since  it  seems  by  the  minutes  of 
your  proceedings  as  if  you  were  coming  to  a  conclusion, 
and  that  you  have  done  the  utmost  that  there  is  any  proba- 
bility you  will  do,  I  can  no  longer  forbear  expressing  my 
sentiments  of  your  conduct. 

After  the  disrepect  shown  by  omitting  to  give  an  answer 
to  my  speech,  I  was  apprehensive  I  could  expect  but  little 
regard  to  be  paid  to  what  I  had  said;  though  I  proposed 
nothing  but  what  immediately  related  to  his  Majesty's 
service  and  the  interest  and  security  of  the  Province. 

The  protection  of  our  frontiers  in  the  county  of  Albany 
was  what  I  could  not  doubt  every  one  had  much  at  heart 
that  had  considered  the  consequence  of  them,  and  would  be 


342  MESSAGES  FROM  THE  GOVERNOR. 

of  opinion  that  suitable  provision  ought  of  necessity  to  be 
made  to  that  end  with  the  utmost  dispatch;  therefore,  not 
so  much  regarding  ceremony  (however  requisite  and  de- 
cent) as  matters  more  substantial,  I  have  withheld  from 
you  nothing  which  might  enlighten  you  in  that  respect, 
especially  touching  the  late  commotions  amongst  our  In- 
dians and  the  intrigues  of  the  enemy  carrying  on  amongst 
them. 

I  have  signified  to  you,  over  and  over  again,  that  it  is 
proper  in  time  of  war  that  I  should  have  more  frequent 
interviews  with  the  Six  Nations  (which  even  in  time  of 
Peace  have  been  usual  every  other  year)  in  order  to  renew 
the  treaties  with  them;  and  there  is  no  other  way  of  doing 
it  to  purpose  (as  I  conceive)  than  by  making  them  presents, 
and  such  at  this  time  as  may  be  sufficient  to  allay  their 
present  disquietudes,  and  preserve  them  in  good  temper, 
firm  and  steady  to  the  British  interest;  what  regard  has 
been  paid  to  my  importunities  on  this  head  may  be  col- 
lected from  not  making  provision  for  it,  nor  are  (it  seems) 
the  erecting  forts  or  blockhouses,  or  the  maintenance  of 
scouts  to  watch  the  motions  of  the  enemy  in  those  parts, 
matters  of  weight  in  your  estimation;  and  therefore, 
through  your  carelessness  and  improvidence,  we  must 
hazard  the  seduction  of  the  Six  Nations,  and  our  northern 
frontiers  for  the  present  remain  naked  and  open  to  the 
incursions  and  insults  of  our  declared  enemies,  and  their 
Indians ;  our  Christian  outsettlers  must  either  desert  their 
plantations  and  retire  to  beggary  and  want,  or  continue 
daily  exposed  to  their  merciless  barbarity;  a  most  cruel 
necessity;  this  I  have  intimated  to  you  was  most  likely  to 
be  the  consequence  if  proper  and  seasonable  care  were  not 
taken  to  prevent  it. 

That  many  of  the  Christians  settled  towards  our  frontiers 
northward  from  Albany  have  been  much  alarmed  at  the 
late  suspicious  behavior  of  our  Indians,  and  are  very  ap- 


GEORGE  CLINTON,  1745.  343 

preliensive  of  great  danger  in  their  present  situation, 
appears  by  a  petition  to  me  signed  by  great  numbers  of 
them;  which  (by  advice  of  his  Majesty's  Council)  I  laid 
before  you  the  10th  instant;  and  with' what  contempt  you 
treated  the  earnest  entreaties  of  the  petitioners,  and  how 
indecent  your  conduct  was  towards  me  upon  that  occasion, 
every  one  may  judge  from  your  returning  it  by  your  clerk 
to  my  secretary  without  further  ceremony,  and  your  re- 
solving to  take  no  notice  of  it  in  the  minutes  of  that  day. 

For  my  part,  I  could  almost  at  this  critical  conjuncture 
have  forborne  (as  I  have  on  other  occasions)  showing  my 
resentment  of  the  personal  incivilities  you  have  offered  me 
(if  they  rested  there)  could  I  from  your  general  behavior 
have  entertained  the  least  hopes  of  awakening  you  to  a  due 
sense  of  duty  to  his  Majesty,  or  the  people  you  represent ; 
but  upon  looking  back  into  your  proceedings,  I  find  you 
have  treated  his  Majesty's  orders  to  me,  signified  by  letters 
from  his  Grace  the  Duke  of  Newcastle,  not  only  with  as 
much  indifference  (for  they  produced  no  proper  effect  from 
you)  but  have  misrepresented  the  contents  of  them;  for  so 
far  is  that  letter  from  containing  orders  to  Commodore 
Warren,  that  after  taking  notice  in  general  of  the  nature 
of  the  service  that  gentleman  is  upon,  his  Majesty's  pleas- 
ure is  thereby  signified  to  me  that  if  Mr.  Warren  shall 
apply  to  me  for  assistance,  either  of  men,  provisions  or 
shipping,  I  should  be  aiding  and  assisting  to  him  in  the 
most  effectual  manner,  and  that  you  might  enable  me  at 
all  events  to  answer  his  Majesty's  commands  in  such  case 
was  the  very  reason  (as  any  one  might  conclude)  that  in- 
duced me  to  lay  that  letter  before  you;  but,  as  if  you  was 
conscious  your  conduct  is  deserving  of  reproach,  you  either 
wholly  suppress,  or  misrepresent,  what  are  ingredients  in 
your  proceedings,  which  your  constituents  have  a  right  not 
only  to  be  informed  of,  but  to  remark  upon. 

And  (declining  to  be  more  explicit  upon  matters  of 
greater  concernment)  you  have  neglected  to  make  pro- 


344  MESSAGES  FROM  THE  GOVERNOR. 

vision  for  the  maintenance  of  such  prisoners  of  war  as  may 
from  time  to  time  be  brought  into  this  port,  or  for  the 
transporting  them  hence ;  when  at  this  very  time  there  is  a 
number  of  them  in  the  harbor,  which  will  fall  upon  our 
hands,  should  the  vessel  lately  brought  in  be  condemned 
as  prize. 

Nor  have  you  provided  for  the  reimbursing  money,  ad- 
vanced upon  the  faith  and  credit  of  the  government,  for 
repairs  done  at  the  garrison  of  Oswego,  upon  the  breaking 
out  of  the  French  war,  pursuant  to  my  directions  given  last 
summer  by  advice  of  his  Majesty's  Council;  which  I  recom- 
mended to  you  to  be  provided  for  last  fall ;  nor  for  the  pay- 
ing what  is  due  for  furnishing  Lieut.  Butler  with  neces- 
saries for  his  passage  to  Oswego  last  fall  by  direction  of 
the  Commissioners  for  Indian  Affairs,  pursuant  to  my 
orders  given  likewise  by  the  advice  of  the  Council ;  concern- 
ing both  which  articles,  accounts  have  long  since  been  laid 
before  you;  but  you  have  adventured  to  take  upon  you  the 
assignment  of  the  places  for  erecting  batteries  within  this 
City,  to  direct  the  number  of  guns  to  be  placed  upon  them, 
and  to  order  the  issuing  out  the  gun  powder  provided  for 
the  use  of  the  public  without  consulting  me  in  either  re- 
spect ;  which  in  effect  is  assuming  the  administration  of  the 
government,  and  wresting  his  Majesty's  authority  out  of 
the  hands  of  his  Governor.  Thus  from  an  invincible  un- 
towardness  on  the  one  hand,  and  an  inordinate  thirst  of 
power  on  the  other,  you  are  become,  as  it  were,  a  dead 
weight  against  the  other  branches  of  the  Legislature. 

You  have  protracted  this  session  to  a  most  unreasonable 
length,  for  anything  that  is  done  for  the  advancement  of 
his  Majesty's  honor  and  service,  or  the  credit,  interest  or 
security  of  the  Province  or  People  you  represent. 

I  am  therefore  constrained  to  put  an  end  to  this  session 
by  your  dissolution;  and  you  are  accordingly  dissolved. 

G.  CLINTON.'* 

May  14.    The  Assembly  was  dissolved. 


1745.    JUNE.     TWENTY-FOURTH  ASSEMBLY,  FIRST  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  met  June  25,  pursuant  to  the  writs  of 
election,  and  on  the  same  day  the  Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  THE  GENERAL  ASSEMBLY. 
—  Soon  after  my  arrival  here  his  Majesty's  pleasure  was 
signified  to  me  that  I  should  employ  the  most  effectual 
means  for  putting  this  Province  into  the  best  posture  of 
defence  that  should  be  possible,  and  be  constantly  upon 
my  guard  against  any  surprise  from  any  quarter  whatever ; 
and  upon  the  commencement  of  the  French  war  I  received 
his  Majesty's  commands  that  I  should  immediately  put  the 
Province  into  a  posture  of  defence,  and  have  the  forces 
here  in  such  a  condition  as  to  be  able  not  only  to  repel  the 
French  forces  if  they  should  attack  us,  but  likewise  if  it 
should  become  necessary  to  attack  them. 

In  order  to  put  the  Province  into  a  proper  posture  of 
defence,  it  is  necessary  that  such  other  fortifications  be 
erected  about  this  city  with  all  possible  dispatch  as  may  be 
sufficient  to  enable  us  to  repel  any  force  that  may  attack 
us  on  this  quarter.  For  this  purpose,  a  strong  battery  of 
twenty  guns  at  the  East  end  of  the  town,  in  the  harbor,  and 
some  other  batteries  in  other  parts  of  the  city,  should  be 
forthwith  erected;  of  which  I  will  direct  plans  to  be  laid 
before  you.  'Tis  worth  considering  whether  as  matters 
are  now  circumstanced,  this  city  may  not  probably  share  a 
considerable  part  of  the  war.1 


1  An  act,  chap.  793,  for  the  defence  of  the  colony  was  passed  July  6,  1745. 
An  act,  chap.  817,  was  also  passed,  February  27,  1746,  authorizing  a  public 
lottery  to  raise  three  thousand  three  hundred  seventy-five  pounds  to  be  used 
in  fortifying  the  city  of  New  York. 

[345] 


346  MESSAGES  FROM  THE  GOVERNOR. 

All  due  attention  should  be  given  with  regard  to  the 
effectual  security  of  our  northern  frontiers.2  To  answer 
this-  end,  two  strong  forts  should  be  built  in  our  Indian 
countries  in  convenient  places  to  be  assigned;  a  sufficient 
number  of  out-scouts  should  be  constantly  kept  on  foot  to 
watch  and  give  intelligence  of  the  motions  of  the  enemy;3 
and  above  all,  there  should  be  the  utmost  care  and  the  most 
prudent  steps  taken  to  put  our  Indians  into  perfect  good 
temper,  that  they  may  preserve  their  dependence  on  the 
British  interest  and  confirm  them  in  their  fidelity  to  his 
Majesty,  which  through  the  artifices  and  intrigues  of  a 
subtle  enemy,  'tis  to  be  suspected,  is  at  this  time  somewhat 
shaken.4  My  duty  to  his  Majesty  and  regard  for  the  people 
under  my  government  oblige  me  to  press  these  things  most 
earnestly  upon  you. 

As  an  expedition  has  been  set  on  foot  by  the  government 
of  the  Massachusetts  Bay  against  Cape  Breton,  and  is  now 
carrying  on  in  conjunction  with  a  proportion  of  men  and 
shipping  from  the  neighboring  colonies,  with  the  entire  ap- 
probation of  his  Majesty,  and  under  the  countenance  and 
protection  of  his  royal  fleet,  I  have  received  a  letter  from 
his  Grace  the  Duke  of  Newcastle,  dated  in  January  last, 
wherein  it  is  intimated  that  his  Majesty  having  thought  it 
necessary  for  the  security  of  the  colonies  in  North  Amer- 
ica, and  particularly  of  the  Province  of  Nova  Scotia  (which 
had  been  [then]  already  invaded  by  the  French,  and  upon 
which  there  was  reason  to  apprehend  that  they  would  early 
in  the  spring  renew  their  attempts  by  the  attack  of  An- 


2  The  subject  of  the  defence  of  the  northern  frontiers  was  considered  at  the 
next  session.     See  chap.  825,  May  3,  1746,  post,  p.  368,  note  1. 

3  An  act,  chap.  813,  passed  November  29,  1745,  making  an  appropriation  for 
the  service  of  the  colony,  authorized  the  expenditure  of  four  hundred  pounds 
for  outscouts. 

4  An  act,  chap.  806,  passed  November  29,  1745,  for  the  payment  of  "salaries, 
services  and  contingencies,"  placed  two  hundred  fifty  pounds  at  the  disposal 
of  the  Commissioners  of  Indian  Affairs,  to  be  used  for  the  purpose  of  preserving 
the  friendship  of  the  Indians.     Several  statutes  contained  small  appropriations 
intended  to  be  used  in  conciliating  the  Indians. 


GEOKGE  CLINTON,  1745.  347 

napolis-Royal)  to  employ  such  a  strength  of  ships  of  war 
in  those  seas  under  the  command  of  Commodore  Warren  as 
might  be  sufficient  to  protect  the  said  Province  and  the 
other  neighboring  colonies  in  North  America,  and  the  trade 
and  fishery  of  his  Majesty's  subjects  in  those  parts;  and 
might  also,  as  occasion  should  offer,  attack  and  distress  the 
enemy  in  their  settlements,  and  annoy  their  fishery  and 
commerce.  His  Grace  had  his  Majesty's  commands  to  sig- 
nify to  me  his  pleasure  that  if  Mr.  Warren  should  apply  to 
me  for  assistance,  either  of  men,  provisions  or  shipping, 
to  enable  him  to  proceed  either  to  the  relief  or  succor  of 
Annapolis  Royal,  or  of  any  other  of  his  Majesty's  forts  or 
settlements,  or  for  making  any  attempts  upon  the  enemy, 
I  should  in  all  such  cases  be  aiding  and  assisting  him  in  the 
most  effectual  manner. 

Governor  Shirley,  upon  communicating  to  me  in  January 
last  a  scheme  for  the  attack  of  the  town  and  fortress  of 
Louisburgh,  wrote  to  me  in  the  most  pressing  terms  to  use 
my  best  endeavors  that  this  Province  should  furnish  their 
full  quota  or  proportion  of  men  and  shipping  to  join  them 
in  this  important  enterprise,  not  doubting  but  we  should  be 
sensible  how  agreeable  such  a  conduct  would  be  to  the  in- 
tention of  the  royal  instructions  concerning  such  like  cases, 
and  how  much  the  success  of  this  expedition  would  advance 
his  Majesty's  service,  the  interest  of  the  British  dominions 
in  general,  and  of  all  the  northern  colonies  in  particular. 

How  far  divine  Providence  has  already  favored  this 
undertaking  we  may  judge  from  the  success  of  it  hitherto ; 
the  New  England  forces  immediately  after  landing  upon 
the  island,  having  taken  possession  of  the  most  consider- 
able battery,  which  at  their  approach  was  deserted  by  the 
enemy  with  precipitation,  and  one  of  their  sixty-four  gun 
ships  with  succour  bound  for  the  port  of  Louisbourgh  hav- 
ing been  taken  by  some  of  his  Majesty's  fleet,  and  all  com- 
munication with  the  town  cut  off  both  by  sea  and  land. 
These  are  such  earnests  as  give  us  encouragement  to  hope 
for  a  speedy  reduction  of  that  place,  but  more  especially  if 


348  MESSAGES  FROM  THE  GOVERNOR. 

we  should  afford  them  that  aid  and  assistance  which  may 
most  reasonably  be  expected  from  us,-and  since  matters  are 
brought  to  this  crisis,  I  now  persuade  myself  we  shall  not 
longer  sit  still  as  unconcerned  spectators,  nor  be  content 
that  the  neighboring  colonies  alone  recommend  themselves 
to  the  favor  of  their  royal  master  by  a  vigorous  prosecu- 
tion of  a  matter  of  so  great  consequence  to  us,  and  which 
his  Majesty  has  thought  fit  to  espouse,  nor  let  them,  unas- 
sisted by  us,  reap  the  glory  of  a  conquest  so  considerable, 
and  it  be  said  they  have  in  vain  solicited  us  to  become  par- 
takers with  them. 

I  have  very  lately  received  letters  from  Mr.  Shirley  and 
Mr.  Warren  on  this  head,  in  pursuance  of  that  from  his 
Grace  the  Duke  of  Newcastle  last  mentioned,  wherein  they 
are  very  importunate  with  me  in  their  application  for  the 
assistance  of  this  government  in  the  immediate  raising 
some  troops  for  supporting  this  expedition,  and  such  a 
number  of  seamen  in  order  to  man  the  French  ship  (in- 
tended also  to  be  employed  in  this  service)  and  such  quan- 
tity of  provisions  as  we  can  procure,  to  be  sent  them  to 
Cape  Breton,  with  the  greatest  dispatch,  that  they  may  be 
enabled  to  withstand  any  force  the  enemy  may  send  to  the 
relief  of  that  garrison. 

These  are  matters  of.  such  high  concernment  to  us,  that  I 
cannot  but  recommend  them  with  the  utmost  earnestness, 
and  I  rely  upon  your  immediate  concurrence  in  such  meas- 
ures as  may  answer  his  Majesty's  just  expectations,  signi- 
fied by  the  royal  orders  now  laid  before  you.  I  am  deter- 
mined nothing  shall  be  wanting  in  either  respect,  on  my 
part,  for  advancing  his  Majesty's  service  and  the  credit 
and  interest  of  the  Province. 

But,  Gentlemen  of  the  General  Assembly,  without  your 
effectual  aid  all  my  purposes  can  avail  but  little,  and  there- 
fore I  doubt  not  but  the  same  dutiful  dispositions  which 
have  at  all  times  distinguished  the  people  of  this  Province 
for  their  loyalty  to  the  Crown  will  prompt  you  to  use  all 


GEORGE  CLINTON,  1745.  349 

proper  and  necessary  means  to  raise  such  supplies  as  may 
be  amply  sufficient  to  answer  the  present  exigencies.5 

I  have  some  accounts  and  particulars  of  disbursements 
for  the  public  service  to  lay  before  you,  for  the  discharge 
whereof  'tis  proper  and  just  provision  should  be  made. 

GENTLEMEN. — I  am  sensible  the  season  of  the  year  re- 
quires your  attendance  upon  your  private  affairs ;  dispatch 
therefore  in  the  weighty  business  before  you  becomes  still 
the  more  necessary  that  you  may  soon  have  a  recess,  and 
not  be  long  detained  here  to  your  greater  inconvenience. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
What  I  have  now  recommended  requires  a  more  than  ordi- 
nary attention,  and  considering  the  great  importance  of  it, 
it  is  incumbent  on  every  one  who  has  the  public  weal  sin- 
cerely at  heart,  the  more  earnestly  to  endeavor  to  cultivate 
that  harmony  and  good  understanding  which  ought  to  sub- 
sist between  the  several  branches  of  the  legislature;  and 
as  the  eyes  of  our  neighbors  are  intent  upon  us  impatiently 
awaiting  the  result  of  your  deliberations,  I  flatter  myself 
the  issue  of  this  session  will  redound  to  the  advantage  of 
the  common  cause,  his  Majesty's  service  in  general,  and 
the  honor,  credit  and  lasting  interest  of  the  Province  in 
particular. 

G.  CLINTON. 

SPECIAL  MESSAGES. 

June  26.    Thanking  the  Council  for  its  address. 

June  27.  Renewing  the  recommendation  made  at  the 
previous  session  for  an  additional  appropriation  to  com- 
plete the  Governor's  house.6  Transmitting  a  copy  of  a 
letter  from  the  Duke  of  Newcastle  urging  that  the  colony 


5  An  act,  chap.  792,  passed  July  6,  1745,  appropriated  five  thousand  pounds 
to  aid  in  the  Cape  Breton  expedition  undertaken  by  Massachusetts.  The  act 
did  not  provide  for  furnishing  any  troops,  but  only  made  a  contribution  to  the 
expenses  of  the  expedition. 

'An  act,  chap.  793,  for  the  defence  of  the  colony  passed  July  6,  1745,  made 
an  additional  appropriation  of  twelve  hundred  pounds  for  the  completion  of 
the  Governor's  house. 


350  MESSAGES  FROM  THE  GOVERNOR. 

adopt  effectual  measures  for  assisting  Commodore  Warren 
in  his  plans  for  the  defence  of  the  coast;  also  transmitting 
the  following  letter  from  Governor  Shirley  of  Massachu- 
setts, dated  May  18,  1745 : 

"  Sir:  I  am  obliged  once  more  to  make  application  to 
your  Excellency  for  the  assistance  of  your  government  the 
immediate  raising  of  some  troops  for  supporting  the  ex- 
pedition against  Cape  Breton;  which  the  General  of  our 
land  forces  and  the  Commodore  of  the  fleet  have  repre- 
sented to  me  very  necessary  for  the  reduction  of  that  place; 
how  far  Providence  has  hitherto  favored  us  in  this  at- 
tempt, and  what  encouragement  we  have  to  proceed  in  it, 
you  will  find  by  the  enclosed  copy  of  a  letter  I  have  just 
now  received  from  the  General  of  our  forces ;  and  as  I  am 
informed  it  is  pretended  to  color  the  backwardness  in  some 
of  the  colonies  and  Provinces  to  join  with  us  in  this  enter- 
prise; that  the  undertaking  of  it  without  his  Majesty's  ex- 
press order  would  be  so  far  from  recommending  us  to  his 
favor  that  it  would  rather  incur  his  displeasure ;  I  am  now 
able  to  remove  that  objection,  and  to  acquaint  your  Excel- 
lency that  upon  my  letter  to  his  Grace  the  Duke  of  New- 
castle, informing  him  of  our  resolution  to  undertake  this 
affair,  and  how  far  we  have  proceeded  therein  (which  letters 
were  laid  before  his  Majesty)  his  Majesty  and  his  Minis- 
ters, were  pleased  so  far  to  manifest  their  approbation  of 
our  undertaking,  that  without  the  least  loss  of  time  two 
ships  of  war  were  ordered  to  proceed  directly  to  Louis- 
bourg,  to  support  us  herein,  as  they  had  before,  upon  my 
more  general  intimation  of  a  design  of  this  nature  ordered 
Commodore  Warren  to  come  from  the  West  Indies  and  at- 
tend this  service;  who  is  now  before  Louisbourg,  with  five 
of  his  Majesty's  ships  of  war,  and  will  in  a  few  days  be 
joined  with  two  other  of  his  Majesty's  ships,  one  of  sixty 
and  the  other  of  forty  guns,  which  are  already  sailed  from 
hence  upon  that  service;  and  I  am  fully  assured  that  his 
Majesty  has  the  success  of  this  expedition  much  at  heart. 
And  now  Sir,  as  this  Province  has  (in  conjunction  with  the 
Province  of  New  Hampshire,  and  the  colony  of  Connecti- 
cut) at  an  immense  charge  undertaken  this  important  ex- 
pedition, and  so  far  proceeded  therein  under  the  favorable 
aspects  of  Divine  Providence  and  the  gracious  approbation 
and  assistance  of  his  Majesty,  I  must  desire  that  your  Gov- 


GEOKGE  CLINTON,  1745.  351 

eminent  would  maturely  consider  how  great  a  benefit  the 
acquisition  of  this  place  will  be  to  the  future  safety  and 
tranquility  of  ail  these  northern  colonies ;  and  how  justly 
his  Majesty  may  resent  a  refusal  of  any  of  them  to  join 
in  the  common  cause,  and  how  much  su'ch  government  may 
hereafter  regret  their  unreasonable  frugality,  if  by  deny- 
ing at  this  crisis  to  contribute  their  just  quota,  for  the 
carrying  on  and  support  of  this  expedition,  which  is  now 
brought  so  near  to  an  happy  event,  they  should  prove  the 
means  of  its  fatal  miscarriage;  this  representation  of  the 
State  of  our  case,  my  duty  to  his  Majesty  obliges  me  to 
make,  and  I  must  earnestly  press  your  government  to  give 
it  a  full  consideration,  and  send  me  a  speedy  answer  as  to 
their  resolution  thereupon. 

W.  SHIRLEY." 

Also  transmitting  the  following  letter  from  Commodore 
Warren  dated  May  12 : 

"  Sir,  I  take  the  liberty  to  acquaint  you  that  the  New 
England  troops  have  taken  possession  of  one  of  the  enemy's 
most  considerable  batteries  at  Louisbourg,  which  gives  them 
the  command  of  the  harbor ;  and  they  have  now  carried  their 
approaches  so  near  by  land,  that  the  city  is  blockaded,  and 
its  communication  by  land  and  sea  entirely  cut  off,  and 
that  before  the  arrival  of  any  ship  to  their  relief  from  any 
part  of  the  world  except  one  small  one,  laden  with  wine 
and  brandy. 

I  persuade  myself  (as  the  reduction  of  so  valuable  a 
garrison  and  territory  to  his  Majesty's  obedience  would 
give  him  and  all  his  subjects  the  highest  pleasure,  as  well 
as  the  greatest  advantage)  you  will  use  your  good  offices 
with  the  other  two  branches  of  your  Legislature  to  send 
such  a  number  of  men  and  provisions  as  you  can  procure 
to  our  assistance,  with  the  greatest  dispatch,  that  we  may 
be  enabled  to  withstand  any  force,  the  enemy  may  send  to 
the  relief  of  this  garrison. 

I  have  wrote  circular  letters  to  this  purpose  to  all  the 
American  Governors,  which  I  am  impowered  to  do  by  virtue 
of  my  instructions  from  the  Lords  Commissioners  of  the 
Admiralty,  directing  me  upon  such  an  occasion,  to  apply 
to  the  neighboring  governments  for  the  above  mentioned 
succours,  and  acquainted  me  that  the  Duke  of  Newcastle 


352  MESSAGES  FROM  THE  GOVERNOR. 

had  sent  proper  instructions  for  this  purpose  to  the  respec- 
tive governors  on  the  Continent. 

If  there  be  any  ships  of  war  with  you  that  can  possibly 
be  dispensed  with  from  the  service  they  may  be  employed 
on,  they  should  join  me.- 

P.  WARREN." 

Also  transmitting  accounts  for  military  expenses.  (See 
note  5.) 

June  27.     Thanking  the  Assembly  for  its  address. 

June  29.  Transmitting  a  copy  of  a  letter  from  the  Com- 
missioners of  Indian  Affairs  at  Albany. 

July  3.  Recommending  that  the  Province  powder  be 
stored  in  the  magazine  in  the  fort  in  the  city  of  New  York.7 

July  6.  The  Assembly  adjourned  to  the  first  Tuesday  in 
August,  but  a  quorum  did  not  appear  until  the  20th. 

August  20.  The  Governor  sent  the  following  message 
to  the  Assembly: 

"  'Tis  a  great  pleasure  to  me  that  I  can  now  congratu- 
late you  upon  the  reduction  of  the  Fortress  of  Louisbourg 
with  its  dependences  to  the  obedience  of  his  Majesty;  it 
much  behoves  the  several  British  colonies  on  this  Continent 
to  unite  their  utmost  force  in  the  maintenance  and  preser- 
vation of  that  important  acquisition,  as  well  as  in  the  prose- 
cution of  such  other  measures  as  may  now  be  thought 
proper  and  expedient  to  be  taken  for  the  advancement  of 
his  Majesty's  service,  the  interest  of  the  common  cause,  and 
further  annoyance  of  the  enemy  in  those  parts;  to  which 
ends,  I  have  lately  had  applications  from  Governor  Shirley 
and  Commodore  Warren  which  I  shall  lay  before  you. 

You  will  find  by  the  papers  I  herewith  send  you  that 
some  of  the  Canada  Indians  have  broken  the  treaty  of 
neutrality  concluded  between  them  and  the  Six  Nations, 


7  A  provision  contained  in  the  act,  chap.  793,  for  the  defence  of  the  colony, 
passed  July  6,  1745,  required  a  quantity  of  powder  to  be  deposited  in  Fort 
George. 


GEORGE  CLINTON,  1745.  353 

by  committing  hostilities  against  the  English  settlements 
upon  the  frontiers  of  New  England,  and  committing  several 
barbarous  murders  upon  his  Majesty  Js  subjects,  and  it  is 
probable  they  have  designs  of  practising  the  like  cruelties 
upon  us;  to  prevent  which,  I  have  ordered  Col.  Philip 
Schuyler  to  detach  a  proper  number  of  the  militia  regi- 
ment under  his  command  upon  the  first  intimation  of  their 
approaches  towards  our  frontiers. 

You  will  find  by  the  letters  from  the  Commissioners  of 
Indian  Affairs  that  not  only  the  sum  allotted  for  outscouts 
last  fall  is  exhausted,  but  more  money  already  advanced 
upon  that  service;  and  the  annual  allowance  to  the  Com- 
missioners for  common  occurrences  is  far  from  being  suf- 
ficient to  answer  their  present  exigences;  it  is  absolutely 
necessary  to  keep  out-scouts  constantly  on  foot  in  order 
to  gain  early  intelligence,  and  I  doubt  not  but  you  think  it 
reasonable  to  make  ample  provision  for  those  ends.a 

From  the  intelligence,  I  herewith  also  lay  before  you 
concerning  the  uneasiness  and  disturbance  amongst  the  Six 
Nations  (which  has  of  late  no  doubt  been  industriously  im- 
proved and  fomented  by  the  artifices  of  the  enemy)  you 
will  see  how  necessary  it  is  for  me  to  have  an  interview 
with  those  Indians  this  fall  that  I  may  sift  out  the  true 
grounds  and  motives  of  their  dissatisfaction,  and  be  the 
better  enabled  to  compose  their  present  discontents;  they 
impatiently  expect  an  interview  with  me  that  they  may  im- 
part their  grievances;  and  I  esteem  it  a  matter  of  very 
great  consequence  to  have  all  occasions  of  jealousy  of  them 
utterly  removed ;  from  their  late  apprehensions  of  us  they 
have  (contrary  to  their  engagements,  and  notwithstanding 
all  that  the  Commissioners  of  Indian  Affairs  had  repre- 
sented to  the  contrary)  adventured  to  make  a  visit  to  the 
Governor  of  Canada  this  summer;  and  what  impressions 
may  have  been  made  upon  them  at  this  conference  to  our 


See  note  3. 

23 


354  MESSAGES  FROM  THE  GOVERNOR. 

disadvantage,  and  how  pernicious  the  effects  of  it  may 
prove  to  the  British  colonies  on  the  Continent,  is  much  to 
be  feared  if  I  have  not  speedily  an  opportunity  of  undeceiv- 
ing them  and  making  them  suitable  presents  upon  this  oc- 
casion, which  may  greatly  contribute  to  the  reestablishing 
them  in  good  temper  and  friendship.  It  is  represented  to 
me  that  there  are  two  other  Nations  or  Tribes  of  Indians 
(besides  those  commonly  invited  to  Conferences  at  Albany) 
viz.,  the  Chonondado  and  Attowas  in  league  with  us  and 
the  Six  Nations,  and  it  is  expected,  and  thought  advisable, 
they  should  be  sent  for  and  partake  of  our  bounty  with  the 
rest  at  such  meetings. 

Therefore,  if  you  will  sufficiently  enable  me  to  meet  the 
Indians  this  fall,  I  shall  comprize  those  Tribes  in  the  in- 
vitation; and  for  the  public  service  cheerfully  undertake 
the  voyage,  however  discouraging  the  season  of  the  year 
may  be  thought;  but  let  it  be  considered  that  the  price  of 
goods  is  greatly  advanced  since  the  commencement  of  the 
war,  and  more  so  upon  those  designed  for  Indian  presents, 
as  few  people  deal  therein.  8 

Your  coming  together  is  sooner  than  I  intended,  could 
the  welfare  and  safety  of  the  Province  have  admitted  the 
protracting  a  longer  time ;  and  as  you  are  met,  I  flatter  my- 
self you  will  be  speedy  in  your  conclusions  upon  what  I 
have  now  mentioned,  and  shall  refer  you  to  my  speech  for 
what  was  left  undone  at  the  last  meeting,  which  I  doubt 
not  will  take  place  in  your  deliberations  at  this  time;  when 
it  will  be  also  necessary  to  make  provision  for  the  services 
of  the  current  year,  with  such  dispatch  as  may  enable  me  to 
meet  the  Indians  before  the  season  is  too  far  advanced. 

G.  CLINTON." 


8  The  act,  chap.  806,  passed  November  29,  1745,  for  paying  salaries,  services 
and  contingencies,  appropriated  six  hundred  pounds  to  reimburse  the  Treasurer 
for  sums  advanced  to  the  Governor  in  October  for  presents  to  the  Indians. 


GEORGE  CLINTON,  1745.  355 

Also  transmitting  copies  of  letters  from  Commodore 
Warren  and  Governor  Shirley  relating  to  the  reduction  of 
Louisbourg;  information  concerning  "  some  uneasiness 
amongst  the  Indians  occasioned  by  a  report  that  the  Eng- 
lish and  Dutch  designed  to  destroy  them;"  information 
of  a  similar  character  from  Governor  Shirley  relative  to 
the  uneasiness  among  the  Six  Nations,  and  the  danger  of 
losing  them,  including  "the  intrigues  of  the  French  to 
bring  those  tribes  over  to  their  interest;"  also  a  com- 
munication from  the  Commissioners  of  Indian  Affairs 
' '  giving  an  account  of  the  Mohawks  going  to  Canada,  and 
of  a  French  Indian  being  amongst  them";  also  a  letter 
from  Lieutenant  Butler  to  Governor  Clinton,  showing  that 
a  great  number  of  Indians  of  the  Six  Nations  had  gone  to 
Canada  to  treat  with  the  Governor  there ;  also  a  letter  from 
the  Commissioners  of  Indian  Affairs  * '  giving  an  account 
of  the  Orondax  Indians  being  upon  the  frontiers,  and  of  a 
man  being  taken  by  them  near  Fort  Dummer;  "  also  from 
the  same  source,  information  relative  to  intelligence  by  a 
Caghnawaga  Indian ;  an  account  of  the  murder  of  two  men 
by  French  Indians;  a  copy  of  the  journal  of  Coenradt 
Wieser,  the  Indian  Interpreter  for  the  colony  of  Pennsyl- 
vania, whilst  among  the  Six  Nations  of  Indians;  informa- 
tion concerning  murders  committed  by  the  French  Indians 
amongst  the  people  of  Connecticut;  a  letter  from  Governor 
Law,  relating  to  Indian  depredations;  a  letter  from  Gov- 
ernor Shirley,  intimating  that  the  French  Indians  have 
murdered  two  men  within  the  Province  of  New  Hampshire ; 
a  letter  from  Governor  Thomas,  "  intimating  that  there  is 
a  great  uneasiness  amongst  the  Mohawks,  for  injuries  done 
them,  as  they  allege,  with  regard  to  their  lands  ' ' ;  infor- 
mation from  the  Commissioners  of  Indian  Affairs,  showing 
that  the  * '  French  Indians  have  taken  up  the  hatchet,  or 
declared  war  against  the  English,  and  that  our  Six  Nations 
of  Indians  have  been  earnestly  solicited  by  the  Governor  of 
Canada  to  join  them." 


356  MESSAGES  FROM  THE  GOVERNOR. 

August  21.  Transmitting  a  letter  from  Commodore 
Warren,  intimating  that  he  was  in  daily  expectation  of  the 
provisions  and  men  from  this  colony  for  the  assistance  of 
the  garrison  of  Louisbourg.  (See  note  5.) 

August  23.  The  Governor  sent  the  following  message  to 
the  Assembly : 

"  It  seems  very  expedient  that  a  law  should  be  passed, 
provided  with  proper  penalties,  which  may  effectually  re- 
strain all  persons  within  this  Province  from  trading  or 
dealing  in  any  sort  with  the  French  Indians  during  the  "War 
with  France;  for  under  color  of  a  treaty  of  neutrality,  con- 
cluded between  them  and  the  united  Nations  of  Indians,  in 
league  with  us,  and  upon  pretence  of  traffic  with  the  Eng- 
lish, the  French  Indians  have  hitherto  had  constant  inter- 
course with  both,  and  thereby  frequent  opportunities  of 
viewing  our  situation,  and  conveying  intelligence  to  the 
enemy,  which  we  should  by  all  means  endeavor  to  prevent. 
According  to  the  information  I  have  received,  some  of 
these  French  Indians  were  lately  trading  at  Albany,  when 
others  of  them  at  the  same  time  were  scalping  and  butcher- 
ing his  Majesty's  subjects  on  the  borders  of  New  England; 
which  we  cannot  but  look  upon  with  the  same  resentment 
as  if  done  to  any  people  of  this  Province;  and  besides, 
whatever  these  Indians  barter  their  furs  for,  whether  for 
clothing  or  gunpowder,  is  so  much  clear  gain  to  the  French 
and  a  strengthening  of  the  hands  of  his  Majesty's  enemies; 
but  more  especially  should  we  be  upon  our  guard  from  the 
later  intelligence  received  that  the  Indians  in  alliance  with 
the  French  at  Canada  have  taken  up  the  hatchet  there  (at 
the  instigation  and  in  favor  of  the  French)  against  the  Eng- 
lish, which  is  the  ceremony  usual  with  them  of  declaring 
war;  and  if  so,  it  is  incumbent  on  us,  as  much  as  in  us  lies, 
to  prevent  their  having  any  intercourse  or  dealings  within 
this  Province,  either  with  the  Christians,  or  Indians  in 
league  with  us. 


GEORGE  CLINTON,  1745.  357 

Our  Indians  complain  (as  you  will  observe  from  the 
papers  before  you)  that  no  provision  is  made  for  treating 
them  with  hospitality  when  they  come,  to  the  garrison  at 
Oswego.b  Their  visits  occasion  frequent  expenses  to  the 
officer  of  his  Majesty's  troops  posted  there;  a  generous 
mind  cannot  refrain  doing  something  to  bid  them  welcome, 
though  an  officer  cannot,  through  his  own  bounty,  enter- 
tain them  in  a  manner  answerable  to  their  expectations; 
yet  they  are  continually  (as  it  were)  extorting  some- 
thing out  of  his  pocket  which  amounts  to  a  considerable 
sum  at  the  year's  end,  and  is  a  great  discouragement 
in  the  way  of  his  Majesty's  service.  It  seems  very  un- 
reasonable he  should  bear  the  least  charge  in  a  matter 
merely  concerning  the  honor  and  credit  of  the  government  j 
therefore,  I  persuade  myself  you  will  think  this  a  grievance 
and  defect  which  needs  no  more  than  mentioning  to  have 
remedied,  as  it  is  necessary  at  this  time  that  more  forts  or 
block-houses  should  be  erected  for  the  security  of  our 
northern  frontiers,  which  cannot  immediately  be  done,  and 
some  place  of  refuge  may  be  a  great  convenience  for  a  re- 
treat for  our  out-scouts  towards  Crown  Point  ;c  and  Mr. 
Lydias  having  made  an  offer  of  his  block-house  for  the  pub- 
lic use  during  the  war,  which  is  conveniently  situated  for 
the  present  purpose,  it  may  be  proper  to  accept  thereof  till 
some  more  considerable  fortress  shall  be  built,  otherwise 
there  will  be  a  necessity  for  destroying  it,  least  it  fall  into 
the  Enemy's  hands.  In  order  that  at  all  times  hereafter 
the  government  may  have  sufficiency  of  gunpowder  in  store 
to  answer  the  public  necessities,  his  Majesty  has  been 
pleased  to  charge  me  with  an  instruction,  (a  copy  whereof 
is  herewith  laid  before  you)  whereby  I  am  directed  to  re- 
commend it  to  the  Assembly  of  New  York  to  pass  a  law, 
agreeable  to  those  passed  from  time  to  time,  in  divers  others 
of  his  Majesty's  colonies  in  America,  imposing  a  powder 


b  See  note  4. 
c  See  note  2. 


358  MESSAGES  FROM  THE  GOVERNOR. 

duty  on  every  vessel  that  enters  and  clears  in  this  colony; 
therefore  I  doubt  not  you  will  forthwith  prepare  a  bill  for 
the  purpose,  agreeable  to  his  Majesty's  pleasure  on  this 
head. 

G.  CLINTON." 

August  27.  Transmitting  a  letter  from  Lieutenant-Gov- 
ernor Phips,  applying  for  men,  provisions  and  ammunition 
for  the  better  preservation  of  the  fortress  of  Louisbourg 
against  any  attempts  of  the  French,  also  communications 
from  Commodore  Warren  and  the  Commissioners  of  In- 
dian Affairs.  See  note  5. 

August  29.  Consenting  to  an  adjournment  of  the  As- 
sembly to  the  15th  day  of  October. 

November  2.  The  Governor  sent  the  following  message 
to  the  Assembly: 

"  The  naked  and  exposed  condition  of  our  Northern 
Frontiers,  at  this  tune  of  eminent  danger,  demands  your 
most  serious  attention  and  vigorous  and  speedy  resolutions. 

When  the  French  and  their  Indians  have  already  made 
repeated  incursions  and  ravages,  upon  the  borders  of  New 
England,  (notwithstanding  the  Treatv  of  Neutrality;  con- 
cluded between  the  latter  and  our  Six  Nations)  we  have 
nothing  less  to  apprehend  than  that  under  the  expectation 
of  the  like  hostilities  our  out-settlements  will  soon  b3 
deserted  if  proper  provision  be  not  made  for  the  erecting 
some  forts  or  fortifications  for  their  protection  and  se- 
curity. This  I  most  earnestly  press  upon  you  again,  as  I 
conceive  it  to  be  a  matter  absolutely  requisite  to  be  done 
with  the  utmost  dispatch;  and  the  rather  likewise,  as  it 
would  give  countenance  and  encouragement  to  our  Indians 
to  join  in  the  war  with  cheerfulness  and  resolution  should 
their  aid  become  necessary;  and  as  matters  are  now  cir- 
cumstanced, their  engaging  in  the  war  seems  to  be  unavoid- 
able.11 

»  See  note  2. 


GEORGE  CLINTON,  1745.  359 

At  the  late  interview  with  the  Indians  at  Albany,  I  was 
very  solicitous  to  sift  out  the  true  grounds  of  their  late 
commotions,  and  the  occasion  of  their  pretended  jealousies 
that  some  of  the  people  of  this  Provmce  had  conceived  a 
design  to  destroy  them;  and  after  the  strictest  inquiry  I 
could  make,  I  found  that  the  rumors  propagated  amongst 
them  were  without  any  foundation  in  truth;  of  this  the 
Indians  themselves  seemed  so  perfectly  satisfied  that  they 
desired  their  late  conduct  might  be  buried  in  oblivion. 
Upon  the  occasion  of  this  public  conference  there  attended 
Commissioners  from  the  Massachusetts  Bay,  Connecticut, 
and  Pennsylvania,  with  intent  to  renew  and  confirm  tjie 
respective  treaties  with  the  Six  Nations  in  conjunction  with 
me ;  and  the  conclusion,  I  think,  has  well  answered  the  ex- 
pense the  Province  has  been  put  to  on  this  account. 

You  will  find  by  this  treaty  (which  I  shall  order  to  be 
laid  before  you)  that  in  case,  pursuant  to  a  demand  of  the 
Six  Nations,  satisfaction  shall  not  be  obtained  from  the 
French  Indians  for  their  infraction  of  the  Treaty  of  Neu- 
trality by  committing  the  late  hostilities  upon  the  borders 
of  New  England  within  the  space  of  two  months  from  the 
time  of  making  thereof;  or  if  in  the  meantime  any  further 
hostilities  should  be  committed  by  them  upon  any  of  his 
Majesty's  subjects,  the  Six  Nations  will  expect  my  orders 
for  their  joining  in  the  war  against  the  French  and  their 
Indians,  and  will  act  accordingly. 

But  though  it  were  to  be  wished  a  strict  neutrality  should 
be  observed  by  the  Indians  at  this  time,  yet  'tis  not  to  be 
expected  that  we  ourselves  can  remain  inactive  should  any 
well  concerted  scheme  be  proposed  for  the  annoyance  of  the 
enemy  with  the  united  force  of  this  and  the  neighboring 
governments;  therefore,  Gentlemen,  it  is  incumbent  on  you 
to  make  provision  to  enable  me  at  all  events  to  pursue  every 
measure  which  may  be  for  his  Majesty's  honor  and  service, 
and  the  interest  of  the  common  cause,  in  such  manner  as 


360  MESSAGES  FROM  THE  GOVERNOR. 

may  effectually  answer  his  Majesty's  commands,  signified 
by  his  royal  orders  to*  me,  which  have  already  been  laid 
before  you ;  and  further,  by  a  copy  of  an  instruction,  which, 
with  some  other  papers,  I  shall  order  to  be  delivered  you. 
Gentlemen,  there  is  this  further  to  be  observed  to  you, 
that  after  the  treaty  with  the  Indians  was  concluded,  an 
express  was  brought  to  the  Commissioners  of  the  Mas- 
sachusetts Bay  with  advice  that  on  the  llth  of  the  last 
month  another  attack  was  made  upon  their  frontiers  at 
the  fort  at  the  great  Meadow  by  an  army  of  French  and 
Indians,  which  those  Commissioners  immediately  communi- 
cated to  me,  and  earnestly  requested  thereupon  that  as  the 
Six  Nations  had  engaged  by  this  Treaty  to  join  in  the  War 
in  case  any  of  his  Majesty's  subjects  should  be  attacked  by 
the  French  and  their  Indians  at  any  time  within  the  two 
months  before  mentioned,  I  would  therefore  immediately 
issue  my  orders  for  the  Indians  marching  to  their  assist- 
ance upon  this  occasion;  but  I  thought  this  a  matter  of 
such  great  concernment  to  us  that  I  chose  rather  first  to 
give  you  the  opportunity  of  providing  for  the  security  of 
our  own  frontiers,  before  those  Indians  should  be  with- 
drawn by  their  engaging  in  the  War;  so  that  now  the  abso- 
lute necessity  of  erecting  forts  upon  our  borders  is  most 
manifestly  evident,  and  I  make  no  doubt  you  will  take  this 
matter  under  your  immediate  care,  for  I  am  persuaded  you 
cannot  but  think  with  me  that  should  any  further  hostilities 
be  committed  against  our  neighbors,  it  will  become  a  duty 
on  this  Province  to  give  them  the  best  aid  we  can  to  the 
utmost  of  our  abilities;  and  I  shall  think  myself  obliged, 
upon  notice  of  the  like  invasions,  not  only  to  order  the  Six 
Nations  to  join  in  the  war  pursuant  to  their  treaties,  but 
likewise  to  detach  such  a  number  of  men  from  this  Province 
to  their  assistance  as  shall  be  judged  expedient  to  be  sent 
them,  according  to  the  nature  of  the  case ;  this  my  duty  to 
his  Majesty  will  require  me  to  do. 

G.  CLINTON." 


GEORGE  CLINTON,  1745.  361 

Also  transmitting  several  papers  relating  to  the  war,  and 
to  Indian  Affairs,  and  also  the  repeal  by  the  home  govern- 
ment of  two  acts  relating  to  quit  rents,  one  passed  in  1742 
and  the  other  in  1744. 

November  7.  Transmitting  several  papers,  including 
claims  against  the  colony. 

Novejnber  18.  Transmitting  a  communication  from  the 
Commissioners  of  Indian  Affairs. 

November  20.  Transmitting  a  letter  from  the  Commis- 
sioners of  Indian  Affairs  containing  information  relative 
to  the  destruction  of  Saratoga.  At  the  same  time  the  Gov- 
ernor sent  to  the  Assembly  the  following  message: 

' '  Last  night  I  received  a  letter  from  the  Commissioners 
for  Indian  Affairs  at  Albany  by  express,  dated  the  17th 
instant,  acquainting  me  that  the  night  before  the  enemy  had 
cut  off  Saraghtoga  settlements  upon  our  northern  fron- 
tiers; that  only  one  family  has  escaped  the  destruction  by 
flight,  that  they  saw  the  fort  and  some  other  buildings  in 
flames. 

Of  such  like  misfortunes  I  have  given  you  repeated 
warnings,  and  as  to  what  heed  you  have  given  to  them  I 
leave  to  your  own  serious  reflection;  the  world  will  judge 
of  it;  and  as  the  Commissioners'  letter  (which  I  herewith 
lay  before  you)  intimates,  it  is  amazing  that  the  necessity 
of  building  some  fortifications  for  the  protection  of  our 
Northern  Frontiers  (which  I  have  so  often  urged)  should 
have  had  no  better  effect  with  you;  and  I  must  say,  as  the 
Commissioners  do,  the  like  was  never  known  that  one  part 
of  a  government  should  be  left  to  be  butchered  by  the 
enemy,  without  assistance  from  the  other. 

As  these  settlements  at  the  distance  only  of  between 
thirty  or  forty  miles  from  Albany  are  destroyed,  the  High 
Road  is  now  cleared  from  Crown  Point  to  that  city ;  and  I  find 
it  absolutely  necessary  to  make  immediate  detachments  of 


362  MESSAGES  FROM  THE  GOVERNOR. 

the  militia  from  the  neighboring  counties  and  other  parts  of 
the  Province  for  its  protection  against  the  insults  of  the 
enemy;  for  whose  subsistence,  it  is  incumbent  on  you  to 
make  ample  provision  with  the  utmost  dispatch;  as  like- 
wise, for  the  erecting  a  proper  fort  at  the  Carrying-Place 
which  (as  affairs  have  hitherto  been  concluded)  I  find  is 
likely  to  be  postponed  as  a  matter  not  deserving  your  atten- 
tion at  this  conjuncture,  and  another  for  the  protection  of 
the  settlements  in  the  neighborhood  of  those  which  have 
been  destroyed,  and  for  the  maintenance  of  such  numbers 
of  men  as  will  be  necessary  to  guard  them  whilst  building ; 
and  unless  such  forts  are  built,  it  will  be  impracticable  to 
send  forth  out-scouts  to  watch  the  motions  of  the  enemy, 
when  they  have  no  place  of  safety  to  resort  to  upon  occa- 
sion. (See  note  2.) 

I  cannot  now  hesitate  about  engaging  the  Six  Nations  of 
Indians  in  the  War;  you  may  have  observed  by  the  last 
Treaty  they  concluded  with  me  that  in  case  satisfaction  was 
not  made  within  two  months  by  those  Indians  in  the  French 
interest  who  had  committed  hostilities  against  his  Majesty's 
subjects  upon  the  borders  of  New  England,  they  would  be 
ready  to  join  in  the  war  whenever  I  should  order  them  so 
to  do;  but  these  Indians  at  that  treaty  asked  the  question 
what  shall  they  do,  now  they  have  taken  up  the  hatchet; 
they  have  no  powder,  ball  nor  clothes;  people  that  go  to 
war  ought  to  be  well  provided,  therefore  suitable  encour- 
agement must  be  given  to  attach  those  Indians  heartily  to 
our  cause,  to  which  end  our  neighbors  have  furnished  you 
with  a  notable  precedent  as  a  reward  for  their  services. 

As  it  may  be  uncertain  what  numbers  of  the  militia  the 
exigency  of  affairs  may  require  to  be  sent  to  Albany  this 
winter,  it  is  highly  expedient  that  an  ample  quantity  of 
provisions  should  be  now  sent  thither  at  all  events  as  the 
river  is  open,  in  order  to  answer  such  services  during  the 


GEORGE  CLINTON,  1745.  363 

i 

winter  as  those  troops  may  be  sent  upon,  either  for  the  de- 
fence of  that  city  or  attacking  the  enemy  elsewhere  upon 
our  frontiers.  /• 

Upon  looking  back  into  the  proceedings  of  the  Assem- 
blies in  former  wars,  you  will  find  what  considerable  an- 
nual expenses  they  have  cheerfully  borne,  when,  I  may  say, 
the  Province  was  in  its  minority,  with  respect  to  its  present 
flourishing  circumstances;  and  I  must  leave  you  to  judge 
what  will  be  expected  from  you  at  the  present  crisis. 

I  am  sorry  I  must  tell  you  I  find  by  the  Treasurer  that 
the  present  situation  of  the  public  funds  is  such  as  falls 
far  short  of  answering  the  ordinary  services  of  the  gov- 
ernment; therefore  it  is  necessary  you  should  take  timely 
measures,  not  only  for  supplying  the  deficiencies,  but  (as 
you  can  have  no  expectation  of  a  surplusage  to  arise  from 
former  grants)  to  devise  new  methods  which  may  amply 
answer  the  present  emergencies.9 

G.  CLINTON." 

November  25.  Transmiting  papers  relative  to  the  de- 
struction of  Saratoga,  and  also  information  showing  that 
about  six  hundred  French  and  Indians  had  been  passing 
Stockbridge. 

November  28.  Informing  the  Assembly  that  he  had  de- 
termined to  send  the  King's  troops  to  Albany,  and  recom- 
mending that  the  Assembly  make  provision  for  their  im- 
mediate transportation  and  such  necessaries  as  should  be 
requisite  for  them  in  their  passage,  and  also  lodgings  for 
the  officers  of  said  troops  during  their  continuance  at 
Albany.10 


9  In  addition  to  the  ordinary  methods  of  raising  money  by  taxation  and  from 
duties,  a  lottery  was  established  by  an  act,  chap.  817,  passed  February  27, 
1746. 

10  An  act,  chap.  825,  to  raise  thirteen  thousand  pounds  for  various  purposes, 
passed    May   3,    1746,    included    items    for   transportation    of    troops   to   the 
frontiers,  and  other  expenses  connected  with   that  service. 


364  MESSAGES  FKOM  THE  GOVERNOR. 

December  20.  The  Legislature  met  after  a  short  ad- 
journment and  received  the  following  communication  from 
the  Governor: 

"  Soon  after  your  adjournment  I  sent  his  Majesty's 
troops  from  hence  to  Albany  for  the  defence  of  that  city, 
conceiving  it  in  danger  of  falling  into  the  hands  of  the 
enemy,  from  the  late  attempts  they  have  made  upon  our 
frontiers ;  and  since  I  have  received  letters  from  the  Colonel 
of  the  Militia  Regiment  of  that  county  and  the  Commis- 
sioners of  Indian  Affairs  (which  I  shall  order  to  be  laid 
before  you)  recommending  the  immediate  rebuilding  the 
fort  at  Saratoga,  for  the  reasons  therein  set  forth;  which 
his  Majesty's  Council  thought  of  such  weight  that  by  their 
advice  I  have  sent  up  directions  to  have  it  rebuilt  accord- 
ingly, for  the  expense  whereof,  I  doubt  not,  you  will  now 
make  provision  ;n  and  for  the  pay  of  such  additional  forces 
as  I  shall  be  advised  to  send  up  for  the  protection  of  the 
frontiers;  as  also  for  giving  a  proper  encouragement  for 
our  people  to  take  pains  to  engage  the  Indians  heartily  in 
the  war,  pursuant  to  the  orders  I  have  sent  them. 

The  Fort  intended  to  be  built  at  the  Carrying-Place 
ought  to  be  large  and  strong,  of  stone  work ;  and  though  a 
building  of  that  sort  will  require  an  extraordinary  expense, 
yet  that  should  be  looked  upon  as  inconsiderable  when  laid 
in  the  Balance  with  the  great  service  a  regular  well  built 
fort  will  be  of  at  all  times  hereafter,  but  especially  during 
the  war. 

The  absolute  necessity  of  concerting  measures,  jointly 
with  the  neighboring  governments  touching  the  prosecution 
of  the  war,  is  now  most  manifest;  I  have  so  often  pressed 
it  upon  you  to  make  provision  to  this  end,  that  I  cannot 
further  inforce  my  recommendation  than  by  repeating  it, 

11  The  act  cited  in  note  10  appropriated  one  hundred  fifty  pounds  for  rebuild- 
ing the  fort  at  Saratoga. 


GEORGE  CLINTON,  1745.  365 

and  offering  to  your  consideration  a  letter  just  received 
from  Lieut.  Governor  Phips,  renewing  the  overtures  fre- 
quently made  to  me,  by  the  Massachusetts  government  on 
that  head,  as  a  matter  of  the  utmost  consequence  for  the 
preservation  of  his  Majesty's  subjects  and  colonies  in 
North  America. 

The  militia  act  requires  some  material  amendments ;  the 
penalties  should  be  enlarged  to  compel  a  due  obedience  to 
military  orders,  and  as  there  are  many  persons  within  this 
Province  who  claim  an  exemption  from  military  service  at 
this  time  of  war  under  color  of  commissions  at  large,  with- 
out being  confined  to  any  particular  corps,  a  clause  should 
be  provided  to  invalidate  such  commissions,  and  subject  all 
such  persons  (who  are  not  excepted  by  the  act)  to  do  pri- 
vate duty.12 

GENTLEMEN. —  There  have  been  several  things  laid  be- 
fore you  concerning  the  service  and  honor  of  this  Province 
which  seem  hitherto  to  have  escaped  your  attention;  you 
may  easily  discover  them  by  a  review  of  your  proceedings, 
and  I  am  sorry  they  have  not  been  thought  worthy  of  your 
notice. 

As  we  have  a  subtle  and  active  enemy  to  deal  with,  one 
of  our  frontier  settlements  already  destroyed,  whereby 
many  unhappy  people  were  murdered,  and  others  led  cap- 
tives to  Canada,  I  have  great  reason  to  apprehend  the 
French  have  a  very  formidable  army  in  our  neighborhood, 
with  a  design  to  make  incursions  into  the  heart  of  the 
Province;  therefore  I  persuade  myself  from  the  last  reso- 
lution you  come  to,  you  will  make  use  of  the  means  in  your 
power  to  strengthen  the  hands  of  the  government,  and  pro- 
vide for  everything  necessary,  not  only  that  we  may  be 


12  Two  militia  acts  were  passed,  one,  chap.  814,  November  29,  1745,  con- 
tinuing a  former  act,  and  the  other,  chap.  816,  February  27,  1746,  "  regulating 
the  militia  of  this  colony." 


366  MESSAGES  FROM  THE  GOVERNOR. 

enabled  effectually  to  preserve  his  Majesty's  colony  under 
my  care  and  your  own  fortunes,  but  also  make  the  enemy 
sensible  of  the  effects  of  our  just  resentment. 

The  present  circumstances  of  affairs  appear  to  me  in 
such  light  that  they  require  your  most  vigorous  and  speedy 
resolutions  for  the  mutual  protection  of  this  and  the  neigh- 
boring colonies  agreeable  to  his  Majesty's  royal  orders  and 
instructions  communicated  to  you. 

G.  CLINTON." 

At  the  same  time  the  Governor  transmitted  the  following 
papers:  letters  from  Col.  Philip  Schuyler,  desiring  three 
hundred  men  may  be  detached  from  the  lower  counties  for 
the  defence  of  Albany  and  Schenectady,  and  recommending 
the  rebuilding  of  a  fort  at  Saratoga;  a  letter  from  the  Com- 
missioners of  Indian  Affairs,  recommending  sundry  mat- 
ters relative  to  the  security  of  the  frontiers;  a  letter  from 
Major  Jacobus  Swartwout,  conveying  information  that  the 
French  and  Indians  were  preparing  to  invade  the  northern 
parts  of  this  colony;  a  letter  from  Cadwallader  Golden  in- 
forming the  Governor  that  the  French  have  a  considerable 
party  among  our  Six  Nations  of  Indians,  who  are  indus- 
trious in  promoting  the  French  interest,  and  a  letter  from 
Lieutenant-Governor  Phips  of  Massachusetts,  proposing 
that  measures  be  concerted  by  the  governments  of  New 
York,  Connecticut,  New  Hampshire  and  Rhode  Island  for 
their  mutual  protection. 

1746.  January  13.  Transmitting  a  letter  from  the 
Commissioners  of  Indian  Affairs,  and  also  other  papers 
relating  to  the  frontiers. 

January  15.  Transmitting  an  extract  from  a  letter  re- 
ceived from  Admiral  Warren,  dated  at  Louisbourg. 

February  27.  The  Assembly  was  prorogued  to  the  4th 
of  March. 


1746.    MARCH.     TWENTY-FOURTH  ASSEMBLY,  SECOND  SESSION. 


GEORGE  CLINTON,  Governor. 
7   f 

The  Assembly  met  on  the  4th  of  March  at  Greenwich 
(then  a  suburb  of  New  York).  The  Governor  did  not  de- 
liver a  formal  speech,  but  instead  sent  the  following  com- 
munication : 

GENTLEMEN. —  My  present  indisposition  prevents  my 
speaking  to  you  in  public;  I  most  earnestly  recommend  to 
you  to  make  ample  provision,  and  that  with  the  utmost  dis- 
patch, for  all  those  services  which  I  recommended  to  you 
the  last  session  and  hitherto  remain  unprovided  for. 

G.  CLINTON. 


SPECIAL  MESSAGES. 

March  5.  The  Assembly,  having  asked  for  an  adjourn- 
ment to  the  second  Tuesday  of  April,  on  account  of  the 
prevalence  of  smallpox  at  Greenwich,  the  Governor  replied 
that  public  business  would  not  permit  so  long  an  adjourn- 
ment, but  that  he  would  consent  that  the  Assembly  adjourn 
to  meet  in  the  Borough  of  Westchester  the  12th  inst., 
11  as  the  smallpox  is  said  to  prevail  in  the  country  about 
Jamaica. ' ' 

March  17.  The  Assembly  found  it  inconvenient  to  trans- 
act business  in  the  Borough  of  Westchester,  because  of  the 
long  distance  that  separated  the  Assembly  from  the  Coun- 
cil, which  did  not  change  its  place  of  meeting  at  the  pre- 
vious adjournment.  The  Assembly  accordingly  requested 
an  adjournment  to  another  place.  The  Governor  replied 
that  because  of  the  smallpox  in  New  York,  it  would  be  im- 
practicable to  adjourn  the  Assembly  to  that  place,  and 
directed  that  it  be  adjourned  to  "  Brookland  "  on  Nassau 
Island,  and  it  accordingly  met  there  on  the  20th. 

[367] 


368  MESSAGES  FROM  THE  GOVEKNOB. 

March  20.  The  Governor  sent  the  following  message  to 
the  Assembly: 

"  The  circumstances  of  the  Province  are  such  that  I 
think  myself  obliged,  for  the  better  security  of  it,  to  recom- 
mend to  you  to  make  provision  with  the  utmost  dispatch 
for  erecting  six  block  houses  upon  the  northern  frontiers, 
and  for  the  maintenance  and  punctual  payment  of  the 
militia  to  be  garrisoned  in  them;1  as  likewise  for  twenty- 
five  men  to  garrison  two  block  houses  already  built,  at  the 
charge  of  the  inhabitants  of  Schenectady,  pursuant  to  the 
request  of  their  petition,  herewith  laid  before  you.2 

You  may  observe  by  the  letters  and  papers  from  the 
Commissioners  of  Indian  Affairs,  (which  I  have  also 
ordered  to  be  laid  before  you)  that  the  Six  Nations  of  In- 
dians have  refused  entering  into  the  war,  therefore  it  be- 
hoves us  to  fall  upon  such  means  as  will  most  effectually 
engage  them  therein,  and  prevent  their  going  over  to  the 
enemy;  to  which  end,  it  is  absolutely  necessary  that  such 
measures  be  immediately  entered  into  with  the  neighboring 
governments  as  will  ease  this  Province  of  the  great  ex- 
pense we  must  be  at  in  keeping  the  Indians  firm  in  the 
British  interest,  whereupon  the  security  of  most  aof  the 
colonies  upon  the  Continent  depends ;  and  I  conceive  there 
can  be  no  better  expedient  to  answer  the  purpose  than  an 
union  of  Councils  of  the  several  governments  who  are 


1  An  act  passed  May  3d,  chap.  825,  to  raise  thirteen  thousand  pounds  for 
purposes  of  defence,  made  provision  for  building  six  blockhouses  between  the 
northwest  garrison  of  the  colony  of  Massachusetts  Bay  and  Fort  William  in 
the  Mohawk's  country,  and  for  maintaining  garrisons  therein. 

According  to  a  paragraph  in  an  act  passed  at  the  next  session,  July  15th, 
chap.  832,  the  erection  of  these  blockhouses  was  found  to  be  impracticable,  and 
provision  was  made  instead  for  maintaining  four  hundred  sixty-nine  effective 
men  along  the  frontier  for  three  months. 

2  The  thirteen  thousand  pounds'  act  of  May  3d,  chap.  825,  made  provision 
for  repairs  to  the  fortifications  at  Schenectady. 


GEORGE  CLINTON,  1746.  369 

equally  concerned  with  this  Province  in  the  common  dan- 
ger we  are  now  exposed  to ;  and  I  can  assure  you  that  sev- 
eral of  the  governments  have  already  convinced  me  of  their 
inclinations  to  promote  our  mutual  safety,  and  only  wait 
for  the  appointment  of  commissioners  from  this  Province 
to  concert  proper  measures. 

The  Commissioners  of  Indian  Affairs  greatly  complain 
that  the  public  service  cannot  be  carried  on  for  want  of 
money  to  discharge  all  demands  on  that  account;  and  I  am 
confident  you  will  agree  with  me  in  opinion  that  there 
should  at  least  be  a  sufficiency  in  the  hands  of  the  colony 
treasurer  to  answer  the  wants  of  the  government  in  time 
of  war;  I  am  the  more  concerned  to  press  this  upon  you 
as  the  funds  which  have  been  given  prove  deficient. 

The  season  of  the  year  draws  near  for  sending  provision 
to  Oswego;  I  have  ordered  the  contractors  to  supply  that 
garrison  as  usual;  for  which  I  expect  you  will  make  pro- 
vision.3 

I  received  a  letter  last  post  from  Admiral  Warren  and 
General  Pepperal  jointly,  informing  me  that  it  is  abso- 
lutely necessary  for  his  Majesty's  service,  as  well  as  for 
the  honor  and  interest  of  the  colonies,  that  levies  of  men 
be  raised  by  them  respectively  and  sent  to  Louisbourg 
early  in  the  spring  in  support  of  that  garrison,  until  a 
sufficient  number  of  troops  arrive  from  Europe  for  its  de- 
fence. I  have  not  been  wanting  to  represent  to  you  the 
necessity  there  is  of  sending  a  quota  of  men  from  this 
Province  thither,  as  the  preservation  thereof  is  of  the 
utmost  consequence  to  his  Majesty's  colonies  upon  this 
Continent;  therefore  I  hope  no  time  will  be  lost  in  con- 


3  The  foregoing  act,  chap.  825,  made  large  appropriations  for  maintaining  a 
strong  military  force  at  Oswego. 


370  MESSAGES  FROM  THE  GOVERNOR. 

tributing  what  lies  in  your  power,  for  securing  so  consider- 
able an  acquisition.4 

GENTLEMEN.—  My  desire  to  make  the  people  safe  and 
easy  in  their  settlements  occasioned  me  to  allow  you  a  short 
recess;  I  now  promise  myself  a  happy  conclusion  of  this 
session  by  your  providing  speedily  for  the  protection  of 
the  Province  against  any  attempts  of  the  enemy;  who  can- 
not be  more  industrious  to  contrive  its  ruin,  than  I  shall 
be  careful  of  preserving  it  in  the  quiet  possession  of  his 
Majesty's  subjects. 

G.  CLINTON." 

On  the  same  day  the  Governor  transmitted  papers  relat- 
ing to  Indian  Affairs  and  the  frontiers,  also  information 
that  Massachusetts  had  appointed  commissioners  to  '  *  treat 
with  such  as  may  be  appointed  by  any  of  the  other  govern- 
ments upon  the  continent." 

March  26.  Transmitting  papers  relative  to  Indian 
affairs  and  the  frontiers. 

March  27.  Approving  the  appointment  of  Philip  Liv- 
ingston, Daniel  Horsmanden  and  Joseph  Murray,  from  the 
Council,  and  Philip  Verplanck,  and  William  Nicoll  from  the 
Assembly  as  commissioners  "  to  treat  with  commissioners 
from  the  neighboring  governments  touching  the  conduct  of 
the  war."  April  7,  Henry  Cruger,  a  member  of  Assembly, 
was  added  to  the  commission.5 

April  5.  The  Assembly  having  asked  the  Governor 
whether  he  had  any  objection  to  the  issue  of  bills  of  credit 


4  The   Assembly  adopted   a   resolution   April    22d,   declaring  that   "  as   this 
colony  is  very  much  exposed  and  most  liable  to  the  attempts  of  the  enemy  at 
this  season  of  the  year,  no  men  can  be  sent  from  hence  without  greatly  endan- 
gering the  safety  of  the  colony." 

5  The   general   act,   chap.    825,   raising   thirteen   thousand   pounds    for   the 
defence  of  the  colony,  appropriated  one  hundred  pounds  for  the  compensation 
of   the   commissioners   appointed    to   confer   with   commissioners   from   other 
colonies  on  the  conduct  of  the  war. 


GEORGE  CLINTON,  1746.  371 

pending  the  delay  necessarily  incident  to  the  collection  of 
an  unusually  large  tax,  the  Governor  replied  that  when  a  bill 
for  that  purpose  came  before  him  fpr  his  approbation,  it 
would  then  be  time  for  him  to  answer  the  Assembly's  ques- 
tion, for  he  would  then  have  the  reasons  for  the  proposed 
law. 

April  22.  Transmitting  part  of  a  letter  from  Admiral 
Warren  urging  that  New  York  immediately  send  troops 
to  aid  the  garrison  at  Louisbourg;  and  informing  the 
Assembly  that  the  home  government  had  appointed  an 
engineer  for  the  Province.  The  Governor  also  said : 

11  By  a  letter  I  received  from  Capt.  Collins  from  Virginia 
this  post,  dated  the  13th  of  March  last,  he  informs  me  that 
he  is  making  the  best  of  his  way  for  Cape  Breton,  with  the 
transports  under  his  convoy,  and  that  he  cannot  lose  time 
to  call  here  to  take  the  Ruby  under  his  care,  but  that  this 
ship  must  stay  till  she  can  have  a  convoy,  or  until  further 
orders;  therefore  you  have  the  opportunity  of  doing  an 
acceptable  service  to  his  Majesty  and  the  fortress  of  Louis- 
bourg, if  you  provide  for  the  immediate  hiring  a  privateer 
to  convoy  those  forces  to  that  place,  without  further  loss  of 
time,  there  being  reason  to  apprehend  an  early  attack  from 
the  French.  This  will  be  a  seasonable  instance  of  your 
duty  and  gratitude  in  return  for  his  Majesty's  paternal 
care  of  this  colony,  and  his  bounty  towards  us  in  the  par- 
ticular above  mentioned. ' ' 6 

May  3.  The  Assembly  adjourned  to  the  first  Tuesday  in 
June. 


s  The  Assembly  adopted  a  report  of  a  committee,  expressing  the  opinion  that 
it  would  be  impracticable  to  employ  a  privateer  to  convoy  the  "  Ruby  "  for  the 
reason  that  such  a  privateer  would  be  no  defence  against  a  single  man-of-war 
of  the  enemy. 


372  MESSAGES  FROM  THE  GOVERNOR. 

1746.    JUNE.    TWENTY-FOURTH  ASSEMBLY,  THIRD  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  met  on  the  the  3d  of  June  and  received 
from  the  Governor  the  following 

MESSAGE. 

"  The  intelligence  I  have  received  from  Albany  since 
your  short  recess,  of  the  State  of  affairs  in  that  county, 
obliged  me  to  order  an  additional  force  of  300  men  to  be 
draughted  out  of  the  militia  of  such  counties  as  I  judged 
most  proper,  to  be  immediately  sent  up  to  their  assistance ; 
and  they  were  to  go  upon  this  service  on  my  assurance  of 
recommending  it  to  you  to  provide  for  their  pay  and  sub- 
sistence in  such  manner  as  has  been  done  for  others,  not 
doubting  but  you  would  readily  do  so. 

You  will  find  by  the  several  representations,  letters  and 
papers  (which  I  shall  order  to  be  laid  before  you)  that  the 
defence  and  security  of  that  frontier  required  this  step  to 
be  taken  without  loss  of  time ;  and  not  only  so,  but  I  think 
you  must  be  of  opinion,  upon  due  consideration,  that  the 
exigency  of  affairs  does  absolutely  demand  a  much  more 
powerful  assistance,  as  well  for  the  maintenance  of  the 
northern  frontiers,  as  the  prosecution  of  the  war  into  the 
enemy's  country;  it  lies  upon  you  to  enable  me  effectually 
to  answer  both  purposes,  and  that  with  the  utmost  dis- 
patch.1 

G.  CLINTON." 


1  June  4th,  the  Assembly  adopted  a  report  of  a  committee  recommending 
the  enlistment  of  four  hundred  and  fifty  men  and  fifty  Indians,  including  the 
militia  already  sent  thither  by  the  Governor.  On  the  6th  of  June,  the  Gov- 
ernor sent  to  the  Assembly  a  designation  of  the  militia  and  the  Indians  for 
this  service. 


GEORGE  CLINTON,  1746.  373 

"With  the  message  the  Governor  transmitted  papers  from 
the  Commissioners  of  Indian  Affairs  relating  to  the  sit- 
uation on  the  frontiers.  , 

June  6.  The  Governor  delivered  in  the  presence  of  both 
houses  the  following 

SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
It  has  been  signified  to  me  by  letter  from  his  Grace  the 
Duke  of  Newcastle  of  the  9th  of  April  last  (which  I  have 
received  by  express  from  Governor  Shirley,  an  extract 
whereof  I  shall  order  to  be  laid  before  you)  that  his  Maj- 
esty has  been  pleased  to  order  an  expedition  against  the 
French  settlements  in  Canada,  and  I  am  commanded  (as 
the  other  governors  of  his  Majesty's  colonies  are)  forth- 
with to  make  the  necessary  dispositions  for  raising  as 
many  men  within  my  government  as  the  shortness  of  the 
time  will  permit,  to  be  employed  in  concert  with  his  Maj- 
esty's regular  forces  on  this  important  service. 

It  is  his  Majesty's  intention  that  the  troops  to  be  raised 
in  North  America  should  consist  of  companies  of  100  men 
each;  and  that  those  that  should  be  raised  in  the  several 
provinces  of  New  York,  New  Jersey,  Pennsylvania,  Mary- 
land and  Virginia  be  formed  into  one  corps,  to  be  com- 
manded by  Mr.  Gooch,  Lieutenant-Governor  of  Virginia, 
whom  the  King  has  been  pleased  on  this  occasion  to  pro- 
mote to  the  rank  of  a  brigadier  general. 

The  happy  consequences  which  will  redound  to  his  Maj- 
esty's colonies  on  this  continent,  the  advantage  of  the 
common  cause,  and  the  British  interest  in  general  from  the 
success  of  such  an  enterprise,  must  be  thought  of  weight 
sufficient  to  inspire  every  loyal  breast  and  true  lover  of  his 
country  with  a  suitable  zeal  and  resolution  for  contributing 
the  utmost  in  their  power  towards  the  accomplishment  of 
the  present  undertaking. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — In  consequence 
of  what  I  have  now  mentioned,  I  must  recommend  it  to  you 


374  MESSAGES  FROM  THE  GOVERNOR. 

in  the  most  earnest  manner  to  make  ample  provision,  and 
that  with  the  greatest  dispatch  you  possibly  can,  to  enable 
me  effectually  to  answer  his  Majesty's  expectations  from 
his  loyal  subjects  of  this  Province,  that  we  may  signalize 
ourselves  in  the  part  his  Majesty  expects  we  should  bear 
in  this  intended  service.  It  is  with  the  greatest  pleasure 
I  have  now  received  your  resolve  of  the  25th  of  February 
last,  in  answer  to  Mr.  Shirley's  letter  of  the  13th  of  Jan- 
uary preceding,  wherein  you  have  expressed  yourselves 
with  a  becoming  warmth  and  heartiness  that  if  his  most 
gracious  Majesty  should  think  fit  to  undertake  the  expedi- 
tion therein  mentioned,  this  colony  would  cheerfully  contri- 
bute anything  in  its  power  for  the  vigorous  prosecution  of 
such  an  enterprise,  which  leaves  no  room  for  doubt,  as 
you  have  now  the  opportunity  offered,  that  you  will  act 
with  spirit  and  resolution  becoming  the  importance  of  the 
present  occasion.2 

GENTLEMEN  OF  THE  COUNCIL. — I  am  perfectly  assured 
also  that  you  will  co-operate  with  the  General  Assembly 
with  your  usual  ardour  for  his  Majesty's  honor  and  ser- 
vice, and  that  nothing  will  be  wanting  on  your  part  for  the 
advancement  of  this  common  cause. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  am  perfectly  satisfied  that  it  is  needless  for  me  to 
recommend  the  cultivating  an  union  and  harmony  amongst 
you  upon  a  subject  so  agreeable  to  all  your  inclinations. 
His  Majesty's  paternal  care  of  his  remotest  subjects  has 
been  always  remarkable  during  the  whole  series  of  his 
auspicious  reign,  but  more  eminently  conspicuous  upon  this 

2  The  proposed  expedition  against  Canada  was  the  subject  of  several  acts 
passed  July  15th,  one,  chap.  831,  offered  bounties  to  volunteers  for  the  expe- 
dition; another,  chap.  832,  imposed  a  tax  of  forty  thousand  pounds  for  the 
purposes  of  the  expedition ;  another,  chap.  833,  impressed  "  ship  carpenters, 
house  carpenters,  joiners,  sawyers,  and  their  servants  and  all  others,  artificers 
and  laborers  for  the  building  of  battoes,"  and  also  impressed  "  horses,  wagons 
and  all  other  things  necessary  for  carrying  on  the  expedition,"  with  the  utmost 
dispatch,  and  another,  chap.  834,  detached  three  hundred  men  from  Albany  to 
serve  on  the  expedition. 


GEORGE  CLINTON,  1746.  375 

important  occasion;  and  his  Majesty  having  been  pleased 
to  take  into  his  royal  consideration  the  dangers  these  col- 
onies have  constantly  been  exposed  to  from  the  encroach- 
ments and  insults  of  the  subjects  of  the  French  King,  has 
been  graciously  disposed  to  set  on  foot  an  expedition,  the 
success  whereof  will  free  you  and  your  posterity  from  that 
danger  and  the  heavy  expense  attending  it.  This  instance 
of  his  royal  goodness  and  tenderness  towards  you  cannot, 
and  I  am  persuaded,  will  not  fail  of  meeting  with  all  due 
returns  of  duty,  loyalty  and  gratitude. 

G.  CLINTON. 

SPECIAL  MESSAGES. 

June  6.  Informing  the  Assembly  that  a  number  of 
French  prisoners  had  been  brought  into  the  city,  but  the 
Governor,  thinking  it  not  proper  that  they  should  remain 
in  the  city,  had  sent  them  into  the  country,  and  recom- 
mended that  provision  be  made  for  their  subsistence.3 

The  same  day  the  Governor  transmitted  an  extract  from 
a  letter  received  from  the  Duke  of  Newcastle  relative  to  a 
proposed  expedition  against  French  settlements  in  Canada. 
(See  note  2.) 

June  6.  Thanking  the  Council  and  the  Assembly  for 
their  addresses. 

June  9.  Transmitting  a  letter  from  Governor  Shirley 
of  Massachusetts  relative  to  an  expedition  against  French 
settlements  in  Canada.  (See  note  2.) 

June  18.  The  Governor  sent  the  following  message  to 
the  Assembly: 

"As  I  look  upon  it  to  be  a  matter  of  great  concern  to  the 
present  expedition  that  the  Six  Nations  of  Indians  and 
others  in  alliance  with  and  dependent  upon  them,  should  be 


3  An  act,  chap.  847,  passed  at  the  next  session,  December  6th,  for  victualling 
the  troops  on  the  expedition,  made  an  appropriation  for  the  subsistence  of  the 
French  prisoners. 


376  MESSAGES  FROM  THE  GOVERNOR. 

engaged  with  us  in  the  war,  I  have  with  that  view,  ordered 
the  Commissioners  of  Indian  Affairs  immediately  to  send 
up  a  message  to  them  to  invite  them  to  meet  me  at  Albany 
on  the  20th  of  next  month;  and,  in  order  to  bring  this  de- 
sign to  effect,  I  am  commanded  by  his  Majesty  to  make 
them  such  presents  as  I  think  may  be  of  use  for  the  pur- 
pose; and  I  think  'tis  proper  likewise,  that  the  Colony 
should  make  them  some  additional  present  at  the  same 
time.4  If  you  are  of  that  opinion,  you  will  make  timely 
provision  accordingly ;  and  that  my  endeavors  may  be  ren- 
dered yet  more  effectual,  I  have  wrote  to  the  several  Gov- 
ernors to  the  westward,  and  to  the  Governors  of  the  Massa- 
chusetts Bay  and  Connecticut,  recommending  it  to  them  to 
endeavor  that  their  respective  governments  do  bear  their 
proportion  of  the  expense  which  will  attend  the  engaging 
the  Indians  in  the  war,  that  the  joint  influence  of  these 
colonies  may  be  exerted  for  the  accomplishment  of  an 
event  which  would  greatly  facilitate  the  present  undertak- 
ing, and  give  us  still  further  assurance  of  the  success  of  it ; 
and  in  the  interim  tend  much  to  the  security  of  our 
Northern  frontiers.5 

That  the  Indians  may  be  induced  to  join  heartily  with  us, 
I  think  you  should  also  provide  for  proper  encouragement 
for  them ;  and  the  sooner  it  is  known  what  they  are  to  be 
allowed  for  bounty  and  subsistance  the  better. 


4  The  forty  thousand  pound  act,  chap.  832,  passed  July  15th,  appropriated 
one  hundred  fifty  pounds  for  the  Governor's  expenses  on  his  proposed  visit  to 
Albany  to  meet  the  Indians. 

5  On  the  20th  of  June,  the  Assembly  adopted  the  report  of  a  committee, 
expressing  the  opinion  that  "  this  colony  should,  in  common  with  the  neighbor- 
ing governments,  bear  a  proportionable  part  of  the  expense  of  furnishing  pro- 
visions for  such  of  the  Six  Nations  of  Indians,  and  of  those  in  alliance  with 
them,  as  will  go  upon  the  expedition  against  Canada."     On  the  llth  of  July, 
the  Assembly  adopted  another  resolution  declining  to  recede  from  the  position 
taken  by  it  on  the  20th  of  June,  but  declaring  that  if  the  neighboring  gov- 
ernments "  shall  yet  contribute  their  parts  thereof,  this  colony  will  cheer- 
fully bear  its  proportion  with  them." 


GEOKGE  CLINTON,  1746.  377 

As  I  have  had  no  directions  from  his  Majesty  to  provide 
battoes,  tents,  or  other  particulars,  for  the  intended  ex- 
pedition, (except  arms  and  clothing)  and  as  the  forces  can- 
not proceed  without  things  necessary,  I  desire  to  be  speed- 
ily informed  whether  you  will  make  provision  for  them, 
as  well  for  the  use  of  the  troops  to  be  raised  in  this  Prov- 
ince, as  for  such  of  his  Majesty's  regular  troops  posted 
here  as  I  may  think  proper  to  order  to  march  as  occasion 
may  require.  (See  note  2.) 

Mr.  Collins,  the  Town  Major  of  Albany,  sustains  a  heavy 
and  expensive  duty  in  the  execution  of  that  office ;  for  which 
I  think  it  proper  and  just  an  annual  allowance  should  be 
made  him,  suitable  to  that  service. 

G.  CLINTON." 

Also  transmitting  papers  relating  to  affairs  at  Saratoga. 
July  4.     The  following  message  from  the  Governor  con- 
tains information  concerning  the  conduct  of  the  war : 

"  During  your  late  short  recess,  in  pursuance  of  repre- 
sentations from  the  Commissioners  of  Indian  Affairs  at 
Albany,  and  the  Colonel  of  the  Regiment  there,  I  found  it 
expedient,  and  was  advised  by  his  Majesty's  Council,  to 
commissionate  proper  officers  to  raise  a  company  of  volun- 
teers out  of  the  militia  posted  at  Albany,  to  range  and 
scour  the  woods  to  prevent  the  enemy  and  their  savages 
penetrating  into  the  country  upon  the  Frontiers,  and  from 
committing  the  like  horrid  murders  and  barbarities  for  the 
future,  which  they  have  of  late  perpetrated,  and  a  company 
of  100  men  has  been  accordingly  enlisted,  and  (as  I  am 
informed,  from  the  same  hands)  have  been  of  great  serv- 
ice ;  but  as  the  latter  has  acquainted  me  by  letter  since  his 
return  to  Albany,  that  that  company  refuses  to  continue 
in  that  service  without  an  additional  pay  is  provided  for 
them,  which  indeed  I  promised  to  recommend  to  you  to  do, 


378  MESSAGES  FROM  THE  GOVERNOR. 

but  it  has  through  hurry  of  business  been  thus  long  omitted, 
and  I  hope  you  will  take  care  that  their  pay  shall  be  ade- 
quate to  the  service.6 

I  have  very  lately  received  answers  from  Mr.  Gooch, 
Mr.  Thomas  and  Mr.  Law,  on  the  subject  matter  I  have 
heretofore  acquainted  you  I  wrote  to  the  several  Governors 
of  these  colonies  upon,  namely,  concerning  their  bearing 
respectively  a  proportion  of  the  expense  which  will  attend 
the  engaging  the  Indians  to  take  part  in  the  war,  and  what 
I  aimed  at  principally  was  touching  the  articles  of  pro- 
visions, with  which  the  warriors  of  those  Nations,  that  go 
upon  the  expedition,  must  necessarily  be  furnished ;  I  shall 
order  copies  of  the  paragraphs  of  these  letters,  relating  to 
this  matter,  to  be  laid  before  you,  whereby  you  will  find, 
at  least,  as  to  the  two  latter,  that  their  respective  govern- 
ments refuse  to  bear  any  share  of  that  burthen ;  and  as  to 
the  former  (as  I  conceive  it  may  be  intended  to  relate  to 
nothing  more  than  a  present  he  intends  to  make  them)  it 
will  remain  then  for  your  consideration  and  care  at  this 
time,  for  a  failure  in  so  material  a  point  may  be  attended 
with  very  bad  consequences.  (See  note  5.) 

As  this  is  the  opinion  of  those  Governments  with  regard 
to  their  bearing  a  proportion  of  the  expense  of  furnishing 
with  provisions  such  Indians  as  engage  in  the  expedition, 
I  apprehend  from  thence  that  they  will  not  engage  to  bear 
a  proportion  of  the  expense  of  provisions  for  such  of  the 
King's  Troops  as  I  shall  judge  requisite  to  send  out  of  the 
Province  upon  this  service;  and  as  the  shortness  of  the 
time  will  not  admit  of  my  waiting  to  know  the  sentiments 
of  the  several  governments  upon  this  article,  I  must  there- 
fore again  recommend  it  to  your  care  and  consideration, 


6  An  appropriation  to  pay  rangers  on  the  frontiers  was  made  at  the  next 
session,  by  an  act,  chap.  847,  passed  December  6th,  which  provided  for  the 
expenses  of  the  expedition. 


GEORGE  CLINTON,  1746.  379 

although  for  want  of  his  Majesty's  particular  instructions, 
I  cannot  as  yet  resolve  upon  the  number. 

I  think  it  proper  likewise,  that  provision  should  be  made 
for  transporting  the  warlike  stores,  six  pieces  of  cannon, 
and  the  provisions  designed  for  the  use  and  subsistence  of 
the  troops  raised  within  this  Province,  along  with  the 


army.7 


G.  CLINTON." 


Transmitting  copies  of  several  letters  from  his  Excel- 
lency to  the  Governors  of  the  neighboring  colonies,  relating 
to  their  contributing  towards  the  expense  that  may  attend 
the  engaging  the  Indians  in  the  expedition  against  Can- 
ada; together  with  extracts  of  several  letters  in  answer 
thereto ;  also  a  letter  from  Col.  Philip  Schuyler,  relating  to 
the  frontiers. 

July  8.  The  Assembly  received  the  following  message 
from  the  Governor: 

"  Since  your  resolves  of  the  20th  of  last  month  were 
communicated  to  me,  wherein  among  other  things  you  de- 
clare your  opinion  that  his  Majesty  does  not  expect  this 
colony  should  be  at  the  expense  of  providing  battoes,  tents 
or  any  other  necessaries  requisite  for  the  expedition,  be- 
sides the  particulars  you  had  resolved  to  provide  for  in 
the  said  resolves ;  I  am  informed  that  the  neighboring  gov- 
ernments have  resolved  to  advance  all  the  money  (on  the 
faith  of  his  Grace  the  Duke  of  Newcastle's  letter,  in  confi- 
dence the  Crown  will  repay  it)  that  shall  be  wanting  for 
transporting  the  troops  they  respectively  raise,  and  for 
every  contingency  that  may  enable  them  to  act  with  such 
vigor  as  may  be  expected  from  them;  and  as  I  am  per- 


7  According  to  a  resolution  adopted  by  the  Assembly  July  llth,  it  was  no* 
deemed  practicable  for  New  York  to  assume  the  entire  expense  connected  with 
the  transportation  of  supplies  along  with  the  army. 


380  MESSAGES  FROM  THE  GOVERNOR. 

suaded  that  this  Province  (in  return  for  the  many  special 
favors  received  from  the  Crown)  will  not  at  this  time  suffer 
themselves  to  be  outdone  by  any  of  the  neighboring  gov- 
ernments, in  such  measures,  as  will  tend  to  facilitate  and 
promote  the  present  expedition,  on  the  success  whereof  the 
safety  and  prosperity  of  this  Province  is  more  immediately 
than  any  other  concerned;  I  must  recommend  it  to  you, 
Gentlemen,  to  advance  the  money  which  may  be  requisite 
for  making  the  necessary  preparations  in  the  Province  for 
transporting  the  men  and  artillery  to  be  sent  from  hence, 
and  for  arms,  ammunition,  tents  and  clothing;  and  for  so 
much  of  the  money  as  you  shall  think  it  is  not  expected  that 
this  Province  is  to  bear  the  charge,  I  shall  give  in  my  bills 
for  repayment  on  the  respective  offices  belonging  to  the 
Crown,  as  relate  to  the  several  materials  to  be  furnished 
on  this  occasion ;  and  I  am  in  hopes  you  will  the  more  cheer- 
fully follow  the  example  of  your  neighbors,  because  thereby 
one-third  or  one  quarter  of  the  charge  which  otherwise 
must  fall  on  the  Crown  may  be  saved,  it  being  a  common 
observation  that  merchants  tako  advantage  of  great  and 
unusual  demands  to  lower  the  exchange  unreasonably,  and 
from  them  only  money  can  be  obtained,  unless  you  assist 
me  in  the  manner  proposed. 

GENTLEMEN. —  I  make  no  doubt  of  your  cheerfully  con- 
tributing everything  in  your  power  to  ease  the  Crown  of 
the  charge  of  this  expedition,  at  a  time  when  your  mother 
country  bears  the  heaviest  burthens  of  a  most  expensive 
war,  occasioned  by  the  unnatural  troubles  in  Great  Britain, 
and  threatened  invasions  from  abroad.  (See  note  2.) 

I  have  delayed  sending  this  message  in  hopes  of  receiv- 
ing more  particular  directions  in  this  affair  than  as  yet  I 
have ;  but  now  the  time  for  the  necessary  preparations  does 
not  admit  of  further  delay. 

G.  CLINTON." 


GEORGE  CLINTON,  1746.  381 

July  9.  Transmitting  information  received  from  Ad- 
miral Warren  and  Governor  Shirley  relating  to  the  expe- 
dition against  Canada. 

July  13.  After  publishing  the  laws  passed  at  this  ses- 
sion, the  Assembly  adjourned  to  July  29th. 


1746.     OCTOBER.    TWENTY-FOURTH  ASSEMBLY,  FOURTH  SESSION. 


GEORGE  CLINTON,  Governor. 

After  several  adjournments,  the  Assembly  met  for  the 
transaction  of  business  October  13.  The  Assembly  journal 
of  the  17th  contains  the  following: 

* '  The  Speaker  from  the  Chair  acquainted  the  House  that 
his  Excellency  had  sent  for  him,  and  acquainted  him  that 
he  had  prepared  a  speech  which  he  intended  to  have  deliv- 
ered to  the  House  himself,  but  that  having  been  seized  with 
a  sudden  indisposition,  he  was  thereby  rendered  unable  to 
do  it,  and  therefore,  desired  the  Speaker  to  lay  it  before 
the  House,  in  his  name;  which  being  done,  and  the  House 
conceiving  that  manner  of  delivery  to  be  irregular,  took 
the  same  into  their  consideration,  and  were  unanimously  of 
opinion,  that  it  was  unprecedented,  and  contrary  to  the 
usual  course  of  Parliamentary  proceedings;  but  in  consid- 
eration of  his  Excellency's  indisposition,  and  that  the  dis- 
patch of  business  at  this  extraordinary  conjuncture,  might 
not  be  retarded,  consented  to  accept  and  receive  it,  and  the 
same  being  read,  is  in  the  words  following,  viz:  " 

GENTLEMEN  OF  THE  COUNCIL,  AND  GENERAL  ASSEMBLY. — 
In  obedience  to  his  Majesty's  commands,  I  went  in  July 
last  to  Albany  in  order  to  engage  the  Indian  Nations  to 
join  with  us  in  the  expedition  against  Canada.  You  are 
not  ignorant  of  the  bad  disposition  the  Six  Nations  have 
been  in  for  some  time  past,  and  the  French  of  Canada  have 
been  indefatigable  in  using  all  the  artifices  in  their  power 
to  tarn  that  disposition  to  their  advantage.  It  is  not  then 


382  MESSAGES  FBOM  THE  GOVERNOR. 

to  be  wondered  at  that  I  met  wih  many  difficulties  in  that 
affair,  but  this  I  hope  will  now  increase  your  pleasure  when 
I  can  assure  you  that  the  Six  Nations  and  the  neighboring 
Indians  have  in  the  most  solemn  manner  joined  with  us  in 
the  war  against  Canada.  Had  the  fleet  from  Great  Britain 
arrived  at  the  tune  it  was  expected  the  good  effects  of  the 
treaties  I  had  with  these  Indians  would  have  been  much 
more  manifest  than  what  can  now  appear,  when  from  unex- 
pected incidents  publicly  known  we  ourselves  have  not  been 
able  to  pursue  any  steady  measures,  and  the  mortality  of 
the  city  of  Albany  having  been  communicated  to  the  Indian 
camp  (it  being  impracticable  to  keep  the  Indians  from  the 
town  or  the  inhabitants  from  them)  I  was  obliged  to  dis- 
miss the  Indians  on  their  promise  of  bringing  back  all  their 
force  at  any  time  I  shall  direct;  however,  I  already  expect 
that  the  inhabitants  of  Canada  feel  in  their  own  country  the 
effect  of  this  meeting.  The  differences  and  disorders 
which  from  some  time  past  have  appeared  among  the  Six 
Nations  I  think  could  not  have  happened  without  some 
neglect  or  misconduct  in  the  management  of  Indian  affairs. 
The  enemy  gained  great  advantages  thereby;  I  must  there- 
fore recommend  this  to  your  consideration,  as  all  the  ad- 
vantages obtained  in  your  late  treaty  with  them  by  much 
assiduity,  and  a  great  expense  may  be  lost  by  neglect  in 
the  conduct  of  their  affairs,  while  a  watchful  and  cunning 
ejiemy  suffers  no  opportunity  to  slip  of  debauching  their 
minds  and  diverting  their  affections  from  us. 

When  I  left  this  place  I  was  in  hopes  of  being  freed  from 
the  principal  care  of  the  forces  intended  to  proceed  by  land 
against  Canada  by  the  arrival  of  Mr.  Gooch,  whom  his 
Majesty  had  appointed  to  command  them,  and  who  was 
then  every  day  expected,  but  that  gentleman  having  abso- 
lutely declined  the  service  I  was  obliged  to  take  that  care 
upon  myself. 

After  we  had  been  so  long  disappointed  in  our  expecta- 
tion of  the  arrival  of  the  fleet,  and  that  any  attempts  by 


GEORGE  CLINTON,  1746.  383 

sea  seemed  impracticable,  I  concerted  measures  with  Mr. 
Shirley  and  Mr.  Warren  to  employ  the  land  forces  to  the 
best  advantage  for  the  security  of  the  frontiers  and  annoy- 
ance of  the  enemy,  but  these  measures  were  disconcerted 
by  the  accounts  received  of  a  fleet  of  ships  being  on  the 
coast  of  Nova  Scotia,  which  was  suspected  to  be  the  Brest 
squadron.  It  then  became  necessary  for  me  to  make  such 
dispositions  of  the  forces  at  Albany  at  I  thought  would 
best  serve  for  the  security  of  this  Province,  and  at  the 
same  time  facilitate  any  enterprise  against  the  enemy  that 
may  at  any  time  hereafter  be  thought  advisable;  and  I 
have,  before  I  left  Albany,  given  orders  accordingly. 

The  danger  all  the  English  colonies  in  North  America 
are  exposed  to  by  the  arrival  of  a  squadron  of  the  enemy's 
ships  with  a  considerable  land  force,  as  it  is  said,  on  the 
coast  of  Nova  Scotia  requires  our  attention,  but  I  have  not 
as  yet  received  sufficient  information  to  be  able  to  speak  to 
you  particularly  on  this  head. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — A  larger  sum 
than  usually  given  for  the  management  of  the  Indian 
affairs  is  at  this  time  necessary,  and  as  by  the  orders  which 
I  have  left  behind  me  at  Albany,  a  winter  camp  is  to  be 
formed  and  several  small  forts  and  block  houses  to  be  built 
for  preserving  the  communication  with  the  army  and  secur- 
ity of  the  frontiers,  a  considerable  expense  must  thereby 
be  occasioned,  estimates  of  which,  so  far  as  I  can  procure 
them,  shall  be  laid  before  you.  Your  own  safety  is  imme- 
diately concerned  in  the  execution  thereof;  and  as  this 
Province  must  sensibly  feel  the  effects  of  any  misfortune 
that  may  happen,  and  will  likewise  gain  the  greatest  advan- 
tages from  the  success  of  any  enterprise  against  Canada, 
I  make  no  doubt  but  that  you  will  cheerfully  contribute  all 
that  is  in  your  power  in  furnishing  the  means  requisite  on 
this  occasion.  You  must  be  sensible  at  what  great  expense 
your  mother  country  supports  the  present  war  against  the 
enemies  of  the  liberties  of  Europe,  and  of  the  Protestant 


384  MESSAGES  FROM  THE  GOVERNOR. 

Religion,  and  how  much  this  expense  has  been  increased  by 
a  most  unnatural  rebellion,  which  is  now  happily  sup- 
pressed, and  therefore  how  justly  the  King  must  expect 
of  you  a  liberal  contribution  to  the  utmost  of  your  power. 
When  you  consider  the  great  sums  which  the  Crown  ex- 
pends on  this  expedition,  of  which  you  will  reap  the  choicest 
fruits,  any  parsimony  or  saving  (however  popular  this 
term  may  have  become)  cannot  at  this  time  be  mentioned  in 
your  house  with  prudence  or  decency;  and  I  must  recom- 
mend it  to  you,  that  whatever  expense  you  shall  judge 
necessary  may  be  made  the  least  burthensome  possible, 
especially  to  those  who  are  least  able  to  bear  it. 

GENTLEMEN  OF  THE  COUNCIL,  AND  OF  THE  GENERAL  ASSEM- 
BLY.—  It  is  always  to  be  wished  that  a  perfect  harmony 
may  subsist  between  the  several  branches  of  the  Legisla- 
ture, which  never  was  more  necessary  than  now,  as  we  are 
exposed  to  a  powerful,  cruel  and  deceitful  enemy.  Differ- 
ences often  arise  from  imaginary  evils,  and  the  weakness 
of  human  nature  is  such  that  mankind  are  seldom  free  from 
real  causes  of  mistrust,  but  these  likewise  are  often  aggra- 
vated by  the  private  views  of  artful  and  designing  men. 
What  I  shall  propose  to  you  on  this  occasion  is  only  to 
observe  to  you  that  every  branch  of  the  Legislature  ought 
to  keep  strictly  to  our  happy  constitution,  without  anyone 
endeavoring  to  encroach  upon  the  powers  or  privileges  in- 
trusted with  the  others.  When  unhappy  differences  have 
arisen  in  our  mother  country,  from  an  imprudent  or  wan- 
ton stretch  of  power  in  any  one  of  the  parts  of  government, 
a  cure  has  been  attempted  by  throwing  an  overmeasure  of 
that  power  into  some  other  part,  by  which  the  balance  be- 
tween the  several  parts  of  government  has  been  destroyed. 
The  cure  became  worse  than  the  disease,  whereby  confusion 
and  calamity  always  ensued,  till  the  balance  was  again  re- 
stored. I  am  told  that  something  of  the  like  nature  has 
more  than  once  happened  in  this  government;  let  us  then 
guard  against  such  mischiefs,  and  let  us  resolve  to  show 


GEORGE  CLINTON,  1746.  385 

by  our  actions,  as  well  as  by  words,  that  we  understand  and 
love  the  English  constitution,  and  thereby  convince  each 
other  of  the  sincerity  of  our  intentions  for  the  good  of  our 
country,  and  then  I  make  no  doubt  all  of  us  shall  enjoy  the 
pleasures  which  necessarily  arise  from  the  good  effects  of 
such  a  resolution. 

G.  CLINTON. 

SPECIAL  MESSAGES. 

October  18.  Transmitting  an  extract  of  a  letter  from 
Col.  John  Roberts  dated  at  Albany  the  6th  of  October,  1746. 

October  23.  The  Governor  sent  the  following  message 
to  the  Assembly: 

1  i  When  you  resolved  to  find  provision  for  the  forces 
raised  in  this  Province  for  the  expedition  against  Canada, 
it  was  thought  that  you  was  at  the  same  time  resolved  to 
bear  all  the  charges  incident  thereto,  of  which  the  carriage 
of  the  Provisions  with  the  army  is  part,  and  this  opinion 
seems  to  be  confirmed  by  the  express  words  of  the  act, 
whereby  the  Commissioners  are  directed  to  deliver  the  pro- 
visions to  the  several  captains  of  the  companies  levied  in 
this  Province;  it  then  follows  that  the  Provisions  are  to 
be  carried  to  such  places  where  the  Captains  with  their 
Companies  shall  be  on  duty,  and  there  delivered  to  them 
from  time  to  time  in  such  proportions  as  they  may  dis- 
tribute them  among  the  men ;  otherwise  it  would  be  imprac- 
ticable for  the  Captains  to  take  care  of  the  provisions  for 
their  several  companies  as  by  the  act  seems  to  be  intended, 
by  the  difficulties  which  have  arisen  from  the  Commis- 
sioners refusing  to  deliver  the  provisions  otherwise  than  at 
Albany;  the  execution  of  the  orders  which  I  had  given  in 
pursuance  of  the  measures  for  operation,  concerted  with 
Mr.  Shirley  and  Mr.  Warren,  has  been  so  far  retarded  that 
they  may  now  perhaps  become  impracticable  by  the  season 
of  the  year. 
25 


386  MESSAGES  FROM  THE  GOVERNOR. 

GENTLEMEN.—  I  must  on  this  occasion  tell  you  that  the 
provisions  for  the  army  are  so  necessary  a  part  of  all  war- 
like enterprises  that  any  defect  or  obstruction  in  the  daily 
supply  of  them  may  defeat  the  best  concerted  measures; 
and  that  if  the  provisions  for  the  army  are  not  subject  to 
the  orders  of  the  General  or  Commanding  Officer,  it  is  in  the 
power  of  those  Persons  who  have  the  directions  of  furnish- 
ing provisions  to  defeat  any  enterprise;  I  must  therefore 
recommend  it  to  you  to  amend  the  former  act  in  such 
manner  that  the  service  for  which  these  provisions  are 
destined  may  not  suffer,  but  be  rather  promoted  and  made 
easy ;  and  for  this  purpose,  that  you  will  provide  for  trans- 
porting the  provisions  along  with  the  forces ;  and  as  I  have 
ordered  part  of  the  four  independent  companies  of  regular 
troops  to  go  with  the  other  forces  levied  in  this  Province,  I 
must  desire  that  you  will  put  them  (as  to  provisions)  on 
the  same  footing  with  the  other  forces. 

As  the  officer  commanding  the  forces  of  this  Province 
has  informed  me  that  1380  men  have  appeared  at  the  place 
of  rendezvous,  that  the  Commissioners  for  paying  the  addi- 
tional bounty  of  forty  shillings,  and  a  blanket,  to  such  as 
shall  appear  there,  have  only  received  two  thousand  four 
hundred  pounds  for  that  purpose;  and  that  this  deficiency 
may  occasion  desertions  and  disorders  among  the  soldiers; 
I  must  recommend  it  to  you,  the  making  up  this  deficiency, 
and  that  you  will  likewise  furnish  blankets  for  such  of  the 
regular  troops  as  shall  be  employed  in  the  same  service 
with  the  forces  levied  for  the  expedition  against  Canada.1 

G.  CLINTON." 

November  10.  In  a  message  replying  in  part  to  a  reso- 
lution adopted  by  the  Assembly  on  the  5th,  relative  to  the 


i  An  additional  appropriation  for  bounties  was  made  by  an  act,  chap.  847, 
passed  December  6th,  providing  further  supplies  for  the  expedition  to  Canada. 


GrEORGE   CLINTON,   1746.  387 

conduct  of  the  war,  the  Governor,  after  considering  several 
details  already  substantially  included  in  previous  mes- 
sages, said:  / 

"  Now,  Gentlemen,  I  think  this  is  an  occasion  on  which 
I  may  be  allowed  to  tell  you  that  within  these  six  months 
last  past  I  have  gone  through  more  difficulties,  I  have  had 
less  assistance,  and  I  have  done  more  for  this  Province, 
than  I  believe  any  Governor  of  New  York  before  me ;  I  feel 
in  my  own  breast  my  zeal  for  my  King  and  my  Country's 
service ;  and  therefore,  I  can  with  pleasure  lay  the  account 
of  my  administration  at  his  Majesty's  feet. 

In  the  meantime,  I  shall  to  the  utmost  of  my  power  be 
careful  of  the  rights  and  liberties  of  every  man  under  my 
government ;  I  shall  be  more  especially  careful  of  the  pres- 
ervation of  your  privileges;  and  at  the  same  time,  to  pre- 
serve that  part  of  his  Majesty's  authority  which  he  has 
intrusted  me  with." 

November  24.  The  Assembly,  having  adopted  on  the 
8th  a  series  of  resolutions  criticising  the  action  of  certain 
military  officers  in  reference  to  the  provisions  intended  for 
the  army  on  the  expedition  against  Canada,  the  Governor 
replied  with  considerable  detail,  defending  the  officers,  and 
assuring  the  Assembly  that  everything  had  been  done 
either  according  to  his  orders,  or  under,  the  authority  of 
the  statute.  He  refused  to  comply  with  the  Assembly's 
request  to  direct  the  Attorney-General  to  prosecute  certain 
officers,  but  said  he  would  lay  the  whole  matter  before  the 
King,  and  obey  his  orders. 

A  view  of  one  of  the  customs  of  the  time  appears  from 
the  Governor's  statement  that  the  Commanding  Officer  of 
the  expedition  had  complained  to  him  that  there  was  a  de- 
ficiency ' '  of  rum  sent  to  Albany  for  our  levies. ' ' 

The  situation  growing  out  of  the  differences  between  the 
Governor  and  the  Assembly  soon  became  somewhat  acute, 
as  appears  from  the  following  resolutions  adopted  by  the 
Assembly  on  the  26th  of  November: 

' '  Resolved,  That  the  answer  returned  by  his  Excellency 
to  the  resolutions  of  this  House  of  the  8th  instant,  is  in  no 


388  MESSAGES  FROM  THE  GOVERNOR. 

respect  satisfactory;  and  that  this  House  cannot,  in  faith- 
fulness to  the  people  they  represent,  pass  any  bill  for  a 
further  allowance  for  provisions  for  the  forces  raised  on 
the  expedition  against  Canada,  whilst  the  notorious  abuses 
committed  in  such  as  have  been  already  provided,  are 
openly  avowed  and  encouraged. 

That  whoever  advised  his  Excellency  to  return  such  an 
answer,  have  endeavored  to  create  jealousies  and  dissen- 
sions among  the  several  branches  of  the  Legislature;  have 
encouraged  a  manifest  breach  of  the  laws  of  this  Colony, 
and  are  enemies  to  the  Constitution  thereof. 

That  as  soon  as  proper  assurances  shall  be  given  that 
the  abuses  committed  in  respect  to  the  provisions  already 
provided  for  the  subsistence  of  the  forces  raised  on  the  ex- 
pedition against  Canada,  shall  be  effectually  prevented, 
this  House  will  cheerfully  pass  a  bill  for  a  further  ample 
allowance  for  the  subsistence  of  the  said  forces;  and  that 
until  such  assurances  be  given,  this  House  cannot,  in  justice 
to  the  people  they  represent,  proceed  upon  any  business 
whatsoever. ' ' 

November  28.  The  Governor,  after  expressing  his  re- 
gret that  his  former  message  had  not  been  satisfactory  to 
the  Assembly,  said : 

* '  I  shall  only  add  that  I  expect  the  provisions  shall  be 
delivered  out  as  the  service  requires,  agreeable  to  the 
engagements  you  are  under  for  the  sustenance  of  the  troops 
raised  within  this  Province;  then  nothing  that  has  hap- 
pened, can  or  shall  happen  again. 

I  further  assure  you  that  all  possible  care  shall  be  had 
of  the  provisions,  and  that  an  exact  account  shall  be  laid 
before  you  of  all  that  has  been  taken  for  the  use  of  the 
said  troops;  and  I  think  you  cannot  expect  from  me  any 
other  assurances  than  what  I  have  now  given. ' ' 2 

November  29.  Transmitting  accounts  presented  by  the 
sheriffs  of  Queens  and  Kings  counties  for  the  subsistence 
of  French  prisoners.3 


2  An  act,  chap.  847,  was  passed  December  6th,  making  additional  provision 
for  the  expedition. 

3  The  claims  for  subsistence  furnished  to  French  prisoners  were  provided  for, 
and  their  payment  directed  by  the  act,  chap.  847,  passed  December  6th,  making 
additional  provision  for  the  expedition  against  Canada. 


GEOKGE  CLINTON,  1746.  389 

December  2.  The  Governor  sent  the  following  message 
to  the  Assembly: 

"  By  the  act  for  giving  a  reward/ for  such  scalps  and 
prisoners  of  the  Enemy,  as  shall  be-  taken  by  the  inhabit- 
ants of  (or  Indians  in  alliance  with)  this  colony,  there  is 
no  mention  made  in  relation  to  females ;  and  as  a  party  of 
the  Six  Nations  have  now  taken  (among  some  males)  three 
girls  prisoners,  and  scalped  one  woman,  I  must  recommend 
it  to  you,  to  make  provision  for  them,  in  like  proportion 
with  the  males,  on  this  and  other  occasions,  as  an  encour- 
agement to  the  Indians;  since  this  is  a  plain  instance  of 
their  being  heartily  entered  into  the  War  against  our  cruel 
enemy,  the  French,4 

The  Senekas  and  Onondaga  nations  applied  to  me  at 
Albany  for  smiths  to  reside  in  their  castles,  and  I  have  sent 
up  one  to  each  Nation,  viz.  John  Abeel  for  seven  months, 
to  the  Senekas,  and  Eyer  Bowen,  for  six  months  to  the 
Onondagas,  according  to  the  agreements  and  charges  here- 
with laid  before  you,  which  I  desire  you  will  provide  for. 
Mr.  Johnson,  the  present  contractor  for  furnishing  the  gar- 
rison of  Oswego  with  provisions,  informs  me  that  the  allow- 
ance by  you  given  is  twenty-four  pounds  short  of  the  usual 
allowance;  and  as  he  has  undertaken  to  supply  that  gar- 


4  The  policy  of  giving  rewards  for  scalps  was  expressed  in  an  act,  chap.  819, 
passed  February  27,  1746,  relative  to  this  subject.  The  preamble  declared  that 

"  Whereas  the  Cruel  &  Barbarous  Practice  of  Scalping  our  Inhabitants  has 
been  begun  &  carryed  on  by  the  French  &  Indians  in  their  Alliance,  This  Colony 
find  themselves  under  the  absolute  necessity  in  Retaliation  to  Pursue  the  same 
Methods  and  to  Encourage  the  Six  Nations  of  Indians  to  Enter  Vigorously  into 
the  WAR." 

The  statute  offered  a  reward  of  ten  pounds  for  the  scalp  of  a  male  person 
above  sixteen  years  of  age,  and  twenty  pounds  if  such  person  were  taken 
prisoner.  Like  rewards  of  five  pounds  and  ten  pounds  were  offered  if  the 
person  scalped  or  taken  prisoner  was  under  the  age  of  sixteen.  These  pro- 
visions were  deemed  to  be  in  force  from  "  the  commencement  of  that  inhuman 
practice  of  scalping  begun  by  the  enemy  lately  at  Saratoga." 


390  MESSAGES  FROM  THE  GOVERNOR. 

rison  in  time  of  war,  without  any  other  expense  to  the 
Province  than  in  time  of  peace,  I  hope  you  will  make  good 
this  deficiency.5 

From  the  informations  I  had  of  the  enemy,  when  at 
Albany,  I  was  under  a  necessity  of  making  good  some  de- 
fects in  the  walls  of  the  fort  there,  which  was  thought  de- 
fenceless in  case  it  should  be  attacked,  the  expense  of  which 
I  have  ordered  to  be  laid  before  you,  that  you  may  make 
provision  for  it,  payable  to  myself,  having  already  dis- 
charged that  account  on  the  credit  of  the  Province.6 

G.  CLINTON." 

December  6.  The  Governor  prorogued  the  Assembly  to 
the  13th  of  January. 


1747.     MARCH.    TWENTY-FOURTH  ASSEMBLY,  FIFTH  SESSION. 


GEORGE  CLINTON,  Governor. 

After  several  prorogations  the  Assembly  met  March  24, 
and  the  next  day  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  have  delayed  calling  you  together  till  this  time  in  hopes 
of  receiving  his  Majesty's  commands,  and  thereby  to  have 
been  enabled  to  speak  more  explicitly  to  you  with  respect 
to  the  expedition  against  Canada  than  I  can  at  present. 

But  the  season  of  year  is  already  so  far  advanced  that 
it  is  become  necessary  to  make  preparation  without  delay, 
for  posting  and  employing  the  forces  in  such  manner  as 
they  may  be  most  useful  for  the  security  of  our  frontiers, 


5  The  deficiency  in  the  allowance  for  provisions  at  Oswego  was  provided  for 
by  an  act,  chap.  848,  passed  April  29,  1747,  to  furnish  additional  supplies  for 
the  expedition  against  Canada. 

« By  the  act  cited  in  the  last  note,  the  Oovernor  was  reimbursed  for  the 
expense  incurred  in  repairing  the  fort  at  Albany. 


GEORGE  CLINTON,  1747.  391 

and  the  execution  of  any  enterprise  that  shall  be  thought 
proper  for  annoyance  of  the  enemy. 

I  sent  Col.  Roberts  to  Boston  to  concert  measures  with 
Governor  Shirley  for  this  purpose,  which  is  done  accord- 
ingly. 

I  have  likewise  retained  the  Mohawk  Indians  from  hunt- 
ing, that  they  may  be  ready  on  any  occasion  for  service, 
and  have  used  my  best  endeavors  among  the  other  Five 
Nations  to  preserve  them  in  the  good  disposition  in  which 
they  were  after  my  last  treaty  with  them  at  Albany,  and  to 
have  them  in  readiness  upon  every  occasion  in  which  they 
can  be  of  service. 

Parties  of  Indians  with  some  of  the  inhabitants  of  this 
Province  are  gone  and  going  out  with  design  to  intercept 
any  of  the  enemy  that  may  be  abroad  near  our  frontiers, 
and  to  range  the  woods  in  all  places  where  they  may  expect 
to  meet  with  any  of  the  enemy. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  You  know  that 
provision  is  only  made  for  victualling  the  troops  levied  in 
this  Province  to  the  first  day  of  May;  I  must  earnestly 
recommend  to  you  the  making  further  provision  for  this 
purpose.1 

I  have,  with  very  great  expense  and  charge  to  the  Crown, 
and  without  any  charge  or  burthen  on  the  inhabitants  of 
this  Province,  secured  the  friendship  of  the  Six  Nations 
of  Indians,  and  of  the  nations  dependent  on  them.  I  have 
likewise  at  the  same  expense  and  charge  received  hopes  of 
joining  some  other  of  the  more  western  nations  of  Indians 
in  the  war  against  the  French,  and  who  were  formerly  in 
the  French  interest.  I  think  it  may  tend  much  to  his 
Majesty's  service,  the  security  of  all  the  English  colonies 
in  North  America,  but  more  particularly  to  the  security  of 
this  Province,  and  the  success  of  any  enterprise  that  may 


1  This  recommendation  for  additional  provisions  for  the  troops  was  embodied 
in  an  act,  chap.  848,  passed  April  29th,  making  an  additional  appropriation  for 
the  expenses  of  the  expedition  against  Canada. 


392  MESSAGES  FROM  THE  GOVERNOR. 

hereafter  be  undertaken  against  the  common  enemy,  that 
this  good  disposition  among  all  the  Indian  nations  in  amity 
with  us  be  confirmed  and  established  by  all  the  means  in 
our  power.  For  this  purpose,  I  propose  to  go  as  early  as 
possible  to  Albany,  and  I  hope  you  will  think  it  incumbent 
on  you  to  contribute  as  largely  as  the  circumstances  of  the 
Province  will  permit  towards  the  expense  that  must  neces- 
sarily attend  this  service.2 

Among  other  things  which  are  concerted  with  Governor 
Shirley,  two  forts  are  to  be  built  at  the  carrying  place 
towards  Crown  Point  for  security  of  the  magazines  and 
stores  and  of  our  frontiers  and  forces  on  several  emer- 
gencies that  may  arise,  and  a  body  of  men  from  the  sev- 
eral colonies  are  (as  soon  as  the  season  will  permit)  to  be 
encamped  there  for  the  more  secure  and  effectual  carrying 
on  of  these  works  and  other  services ;  and  as  no  directions 
are  arrived  from  his  Majesty  or  his  Ministers  for  defray- 
ing the  expense  of  any  part  of  the  expedition  against  Can- 
ada, it  is  proposed  that  the  immediate  expense  of  these 
services  be  at  the  charge  of  the  several  colonies  who  have 
levied  forces  for  the  expedition  against  Canada,  according 
to  the  rates  and  quotas  which  were  agreed  upon  by  the 
Gentlemen  of  the  Council  of  this  Province,  who  attended 
me  at  Albany,  and  the  Commissioners  of  the  Government 
of  the  Massachusetts  Bay,  and  presented  to  me  at  Albany 
as  a  reasonable  proposal  to  be  laid  before  the  Legislatures 
of  the  several  colonies  for  their  respective  approbation. 

Governor  Shirley  assures  me  that  he  will  promote  this 
service  as  much  as  it  is  in  his  power. 

As  this  tends  more  immediately  to  the  security  and 
safety  of  the  people  of  this  Province,  I  expect  that  you  will 
set  a  good  example  to  the  other  colonies  by  your  cheerful 
contribution  towards  the  expense  of  it;  and  this  I  must 
desire  you  to  do  as  speedily  as  possible,  for  I  cannot  so 


2  The  act  last  cited,  chap.  848,  appropriated  one  hundred  and  fifty  pounds 
for  the  Governor's  expenses  on  his  proposed  "  voyage  "  to  Albany. 


GEORGE  CLINTON,  1747.  393 

much  as  desire  the  concurrence  of  the  other  governments 
till  I  am  assured  of  yours.  I  shall  order  the  proposal  of  the 
rates  and  quotas  as  it  was  delivered  Jo  me  at  Albany  to  be 
laid  before  you.3 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  shall  offer  no  other  business  to  your  consideration  at  this 
time,  because  the  nature  of  the  service  to  which  I  desire 
your  assistance  requires  the  greatest  dispatch,  and  besides, 
the  meeting  of  the  Indians  which  seems  to  me  requisite  to 
be  without  delay,  the  present  state  of  the  new  levies  and 
other  services  require  my  presence  at  Albany  as  soon  as 
may  be. 

This,  therefore,  must  be  a  short  session,  but  you  shall 
meet  again  as  soon  as  these  pressing  affairs  will  permit, 
when  you  may  have  time  to  consider  whatever  may  be 
proper  for  the  good  of  the  Province;  if  anything  else  shall 
occur  necessary  for  your  present  consideration  besides 
what  I  have  now  laid  before  you,  I  shall  communicate  it  to 
you  by  message. 

G.  CLINTON. 

SPECIAL  MESSAGES. 

April  1.  Transmitting  an  estimate,  dated  August  22, 
1746,  of  the  extraordinary  charges  for  attacking  the  fort 
at  Crown  Point.  The  estimate  was  the  result  of  a  con- 
ference with  the  Massachusetts  commissioners. 

April  3.  The  Assembly  received  the  following  message 
from  the  Governor: 

"As  you  had  last  year  made  no  provision  for  the  ex. 
pense  of  outscouts  and  rangers  of  the  woods,  my  compas- 
sion for  the  inhabitants  exposed  to  the  cruelties  of  a  bar- 
barous enemy,  made  me,  while  I  was  at  Albany,  send  out 
parties,  both  of  Indians  and  Christians,  at  the  expense  of 


3  Acts  were  passed  at  the  next  session  providing  for  the  subsistence  of  vol- 
unteers, chap.  853,  and  appropriating  twenty-eight  thousand  pounds  for  the 
expedition  against  Canada,  chap.  854. 


394  MESSAGES  FROM  THE  GOVERNOR. 

the  Crown;  the  then  present  necessity  made  me  presume 
on  his  Majesty's  gracious  allowance  of  this  expense,  but 
I  dare  not  venture  further  now  that  you  have  an  oppor- 
tunity of  providing  for  it ;  and  therefore  I  must,  in  the  most 
earnest  manner,  recommend  to  you,  to  provide  for  the  ex- 
pense of  keeping  a  sufficient  number  of  out-scouts  and 
rangers  for  the  security  of  the  frontiers,  as  there  will  be 
an  absolute  necessity  of  marching  all  the  forces  soon  from 
thence;  and  as  a  further  inducement  to  you,  I  send  you  a 
copy  of  a  petition  to  me  from  the  freeholders  and  inhabit- 
ants of  Kinderhook,  to  this  purpose. 

G.  CLINTON." 

The  Kinderhook  petition  accompanied  the  message.  It 
set  forth  the  defenceless  condition  of  that  place,  and 
prayed  that  fifty  men  might  be  assigned  to  the  garrison 
there,  and  fifty  men  for  out-scouts.  (See  note  4.) 

April  10.  Transmitting  accounts  of  Gysbert  Vanden- 
bergh,5  and  Captain  Edward  Harta  for  expenses  incurred 
in  the  war. 

April  24.  The  Assembly  having  requested  the  Governor 
to  give  directions  that  one  hundred  men  of  the  new  levies 
be  employed  to  range  and  scour  the  woods  in  the  county 
of  Albany  for  the  greater  security  of  the  frontiers,  the 
Assembly  agreeing  to  make  an  allowance  of  one  shilling 
per  diem  for  each  man  in  addition  to  the  pay  received  from 
the  King,  the  Governor  said: 

' '  I  must  inform  you  that  while  I  was  last  at  Albany  I 
could  not  persuade  any  of  that  county  to  go  out  to  range 
the  woods  at  less  than  three  shillings  a  day,  and  provision, 
though  it  was  to  defend  themselves,  their  near  relations, 


8  The  Van  Denbergh  claim  was  provided  for  by  an  appropriation  to  the  Gov- 
ernor in  the  act  last  cited,  chap.  848. 

a  The  Hart  claim  was  provided  for  by  an  act,  chap.  864,  passed  April  9, 
1748,  making  provision  for  several  services  for  the  defence  and  security  of 
the  frontiers. 


GEORGE  CLINTON,  1747.  395 

neighbors,  and  their  estates.  The  reason  given  for  this 
was  that  this  kind  of  service  is  so  expensive  in  the  wear- 
ing of  shoes,  and  other  apparel,  while  they  are  obliged  to 
march  thirty  or  forty  miles  a  day,  on  the  track  or  pursuit 
of  the  enemies '  skulking  parties,  as  it  may  happen,  through 
brush,  and  thick  swamps;  through  water,  and  over  rocks 
and  hills,  that  the  expense  of  apparel  would  at  least  amount 
to  that  sum.  The  New  Levies  there  will  think  themselves 
hardly  dealt  with,  and  no  doubt  they  would  be,  to  be  sent 
on  this  service  at  the  rate  of  one  shilling  a  day,  since  the 
extraordinary  wearing  of  apparel  must  go  out  of  that  sum ; 
besides  this,  the  New  Levies  cannot  be  sent  under  any  com- 
mand but  of  their  own  officers,  and  no  proposal  is  made  for 
defraying  the  extraordinary  expense  of  the  officers,  nor  for 
their  encouragement  under  such  fatiguing  service.4 

But,  Gentlemen,  as  these  resolves  are  introduced  with  an 
assertion,  that  the  new  levies  have  remained  hitherto  unem- 
ployed, and  are  so  much  of  a  piece  with  some  other  things 
that  have  come  from  you;  I  find  myself  under  a  necessity 
of  laying  before  you  a  view  of  my  past  conduct,  with  re- 
spect to  the  care  of  the  frontiers  since  the  time  that  any 
of  the  new  levies  marched  to  Albany,  and  my  own  going 
thither. 

The  securing  the  fidelity  of  the  Six  United  Indian  Na- 
tions seemed  to  every  man  to  be  of  the  greatest  conse- 
quence to  the  safety  of  all  the  British  Northern  colonies 
and  to  the  success  of  the  expedition  intended  against  Can- 
ada; with  what  difficulty  and  with  what  charge  to  the 
Crown  this  was  done  is  well  known,  and  though  it  was  of 
the  highest  importance  to  the  safety  of  this  Province,  it 
was  done  without  any  charge  to  the  people  of  it. 


*  An  act,  chap.  848,  passed  April  29th,  provided  for  the  payment  of  one  hun- 
dred rangers,  fifty  to  be  employed  on  the  east  side  of  Hudson  River  in  the 
county  of  Albany,  and  fifty  on  the  west  side. 


396  MESSAGES  FKOM  THE  GOVERNOR. 

At  the  same  time,  the  care  of  providing  everything 
necessary  for  the  marching  of  the  forces,  viz.  arms,  am- 
munition, clothing,  tents,  battoes,  and  all  the  utensils  neces- 
sary for  a  camp  and  march,  fell  upon  me ;  all  this  was  done 
at  the  expense  of  the  Crown,  without  any  charge  to  this 
Province,  and  with  great  advantage  to  the  private  interest 
of  many  in  it ;  this  unavoidably  took  up  a  great  part  of  the 
summer ;  and  though  at  that  time  I  was  thus  engaged  in  a 
multiplicity  of  business,  and  had  my  cares  and  thoughts 
diversified  by  a  variety  of  unexpected  incidents  and  dis- 
appointments, during  the  time  of  an  extraordinary  sickness 
(which  I  had  my  share  of)  and  mortality  at  Albany,  I  did 
not  neglect  the  care  of  the  Frontiers ;  I  sent  parties  of  In- 
dians as  far  as  Crown  Point  and  Sacrament  Lake  for 
intelligence;  and  to  intercept  the  enemy's  parties,  I  sent 
out  the  Captains  Langdon  and  Tyebout,  severally,  with  par- 
ties of  the  new  levies ;  for  the  same  purpose,  I  sent  likewise 
Capt.  Staats,  with  a  party  of  chosen  men,  of  the  new  levies 
at  Albany,  such  as  he  thought  the  fittest  for  the  occasion, 
to  range  the  woods  with  a  number  of  Indians  that  were 
joined  with  them  likewise  at  the  expense  of  the  Crown. 

It  is  needless  to  tell  you  by  what  means  any  enterprise 
against  Canada  last  year  became  impracticable,  otherwise 
than  by  sending  parties  of  Indians  to  harrass  them,  which 
was  done  with  success.  Immediately  after  the  thoughts  of 
any  kind  of  expedition  against  Canada  were  laid  aside  for 
that  season,  I  gave  orders  for  posting  the  new  levies  in  such 
manner,  as  by  the  best  information  I  could  obtain,  might 
tend  most  for  the  security  of  the  frontiers,  and  at  the  same 
time  forward  any  enterprise  for  annoyance  of  the  enemy 
that  should  be  thought  proper  as  the  season  of  the  year 
would  permit.  For  this  purpose,  I  gave  orders  to  fortify  a 
camp,  capable  of  containing  500  men  at  least,  at  or  near 
the  Carrying-Place.  This  I  thought  might  serve  two  good 
purposes.  1st,  As  all  the  enemy's  parties  make  their  incur- 


GEORGE  CLINTON,  1747.  397 

sions  on  our  frontiers  by  this  pass,  it  would  be  difficult  for 
them  to  pass  without  being  discovered  either  in  their  go- 
ing or  returning,  and  that  probably  they  must  be  inter- 
cepted by  such  a  number  of  men ''posted  there;  next,  it 
would  afterwards  serve  as  a  security  for  the  magazines 
and  stores  for  the  forces  that  shall  at  any  time  be  employed 
by  land  against  Canada;  and  it  is  agreed  by  all,  whom  I 
heard  speak  on  this  subject,  that  this  is  the  fittest  place 
for  both  these  purposes.  The  Forces  did  march  for  this 
end,  but  by  the  unexpected  interruption  in  the  provisions 
for  the  men  who  were  to  cover  the  works  while  they  were 
erecting,  and  to  defend  the  place  after  it  was  erected,  and 
other  difficulties  thrown  in  the  way,  this  work  (though  in 
my  opinion)  absolutely  necessary,  was  laid  aside;  and  the 
officers  who  had  the  command  were,  by  the  cold  weather 
which  came  on,  forced  to  take  up  with  the  old  fort  at 
Saraghtoga,  only  enlarging  it  and  making  new  defences  to 
it ;  though  by  all  the  informations  which  I  had  of  that  place, 
it  is  the  most  disadvantageously  situated  that  anything  of 
the  kind  can  be,  as  it  cannot  serve  for  any  of  the  purposes 
which  I  had  in  view  by  the  fortified  camp  at  the  Carrying- 
Place,  and  is  so  overlooked  by  hills,  covered  with  woods, 
that  the  enemy's  skulking  parties  can  discover  every  mo- 
tion in  the  fort,  by  the  lowness  of  the  ground,  and  the 
watery  swamps  round  it ;  it  has  always  been  unhealthy,  and 
has  brought  on  a  continued  sickness  in  every  garrison  that 
has  been  placed  in  it ;  the  event  has  on  too  many  occasions 
proved  the  truth  of  these  things. 

In  pursuance  of  my  orders,  one  company  of  the  new  lev- 
ies was  posted  at  the  Mohawk  Castle  for  their  security; 
another  company  betwixt  that  and  Schenectady;  two  com- 
panies at  Schenectady;  one  on  each  side  of  the  river; 
three  companies  at  Cannestagayune;  four  companies  at  the 
Half  Moon;  two  companies  at  Schatakook;  and  three  com- 
panies, besides  detachments,  from  the  others  at  Saragh- 
toga; so  that  there  were  garrisons  of  the  new  levies  in  a 


398  MESSAGES  FROM  THE  GOVERNOR. 

line,  from  east  to  west,  cross  the  Northern  Frontiers  of  this 
Province,  in  every  place  where  a  number  of  men  could  be 
placed  with  safety  in  the  winter  season;  the  rest  of  the 
forces  were  kept  in  and  round  the  city  of  Albany,  on  both 
sides  of  the  river,  for  the  defence  of  that  important  place 
for  your  safety,  and  at  all  places  by  which  the  enemy  can 
approach  to  it. 

I  was  sensible  that  some  other  places  ought  to  have  been 
secured  by  erecting  small  forts  in  them ;  and  I  proposed  to 
have  done  it,  but  as  you  absolutely  refused  to  contribute 
to  any  other  expense  besides  furnishing  provisions  for  the 
new  levies,  I  could  not  put  the  Crown  to  an  expense,  the 
charge  of  which  you  did  not  think  necessary  for  your  own 
safety. 

I  kept  the  Mohawk  Indians  (as  I  told  you  in  my  speech) 
from  going  out  to  hunt,  and  sent  likewise  among  the  other 
Five  Nations  to  keep  them  in  readiness  to  join  us;  one 
party  of  Indians  are  gone  out,  some  other  parties  were  some 
time  since  preparing  to  go ;  by  these  means  I  hope  to  force 
the  French  to  keep  some  of  those  parties  at  home  to  defend 
themselves,  by  which  they  have  so  cruelly  treated  the  in- 
habitants of  our  Frontiers:  and  this  is  done  without  any 
expense  to  this  Province. 

I  sent  Colonel  Roberts  to  his  Excellency,  Governor  Shir- 
ley, to  consult  and  concert  measures  with  him  on  what  may 
be  proper  to  be  done,  till  such  time  as  more  particular  di- 
rections should  come  from  his  Majesty.  It  gave  me  some 
pleasure  to  find  that  what  I  had  projected  for  building  a 
fort  at  the  Carrying-Place,  was  thought  so  necessary  for 
the  ends  for  which  I  intended  it,  that  some  of  the 
neighboring  colonies  appeared  willing  to  contribute  a  share 
towards  the  expense;  no  one  doubting  that  as  the  security 
of  this  Province  is  more  immediately  concerned,  you  would 
readily  set  a  good  example  to  the  others.  It  was  for  that 
reason  agreed  that  I  should,  in  the  first  place,  propose  it 
to  you;  in  doing  this  I  avoided  everything  that  I  thought 


GEORGE  CLINTON,  1747.  399 

could  give  any  handle  to  renew  the  differences  that  had  ap- 
peared last  fall.  What  return  I  have  had  to  all  this  care  of 
the  people  of  this  Province,  I  shall  leave  to  you  their  Rep- 
resentatives to  judge,  and  to  consider  what  the  neighboring 
colonies  must  think  on  this  occasion. 

Your  declining  every  expense  that  seems  necessary  for 
the  security  of  the  British  Colonies  in  North  America,  and 
the  well-being  of  this  Province  at  this  time,  and  the  disres- 
pectful behavior  to  me  (such  as  was  never  shown  to  any 
Governor-in-Chief  before  me  in  this  place)  must  give  such 
conceptions  to  strangers,  or  to  those  unacquainted  with  the 
true  state  of  affairs,  that  I  am  laid  under  a  necessity, 
from  the  common  justice  which  every  man  owes  to  him- 
self, to  speak  out  some  things  which  otherwise  I  should 
have  thought  prudent  to  conceal,  but  more  especially  be- 
cause any  disrespect  shown  to  me  in  my  station  must  in  the 
common  acceptation  of  the  world  be  taken  as  a  disrespect 
to  the  fountain  from  whence  I  have  the  honor  to  derive  my 
authority  over  this  Province. 

Gentlemen. — You  cannot  be  ignorant  that  many  in  this 
Province,  and  all  the  neighboring  colonies,  are  persuaded 
that  the  principal  traders  and  the  richest  men  in  Albany 
do  not  wish  well  to  the  success  of  any  expedition  against 
Canada ;  and  this  from  a  view  which  a  few  men  of  consider- 
able estates  and  influence  by  their  family  relations,  have  to 
their  private  advantage  gained  by  a  trade  with  Canada, 
and  is  always  most  advantageous  in  time  of  war  with 
France,  and  which  for  the  common  good  I  have  effectually 
stopped ;  I  must  therefore  tell  you  that  I  am  suspicious  that 
all  the  difficulties  I  met  with  in  my  treating  with  the  In- 
dians and  engaging  them  heartily  in  the  war,  arose  chiefly 
from  this  source ;  for  if  these  men  could  have  prevented  the 
Indians  joining  in  the  war.  and  could  have  prevailed  on 
them  to  declare  for  a  neutrality,  they  hoped  to  lay  me  under 
a  necessity  of  falling  into  the  same  measures;  for  the  same 
purpose,  all  the  difficulties  that  could  be  contrived,  without 


400  MESSAGES  FROM  THE  GOVERNOR. 

an  open  declaration  of  their  intentions,  were  laid  in  the  way 
of  every  preparation  that  became  necessary  for  the  success 
of  any  enterprise  against  Canada;  this  scheme  there  is 
some  reason  to  believe  was  in  concert  with  the  Governor 
of  Canada,  from  a  message  which  he  sent  to  the  Six  Na- 
tions at  the  time  of  my  last  treaty  with  them,  wherein  he 
tells  them  that  he  took  pity  of  their  brethren  at  Albany, 
and  would  from  that  time  turn  his  Indians  from  that 
place  on  their  most  inveterate  enemies  of  New  England. 

It  is  no  wonder  that  the  poor  people  of  the  County  of  Al- 
bany, exposed  to  a  merciless  enemy,  should  with  some  pleas- 
ure entertain  any  scheme  by  which  they  could  hope  to  be 
freed  from  such  cruelties,  though  they  be  loyal  subjects,  and 
abhor  the  beneficial  part  of  it  by  trade  with  the  enemy ;  but 
J  hope  you  have  too  much  sense  of  your  duty,  and  percep- 
tion of  the  mischevious  consequences  of  such  a  scheme,  in 
any  manner  (now  I  have  laid  it  open  before  you)  to  con- 
tribute toward  the  success  of  it.  Surely  you  will  with  ab- 
horence  receive  the  thoughts  of  any  design  to  enable  the 
common  enemy  of  the  British  nation  and  Protestant  relig- 
ion to  overpower  our  own  brethren,  a  part  of  our  own 
nation,  from  a  hope  of  private  gain  or  temporary  quiet  to  a 
few  amongst  us,  when  if  the  enemy  should  succeed  any  way 
by  your  means,  your  posterity  must  forever  be  sufferers. 

You  may  likewise  remember  (as  I  am  told)  that  before 
the  last  negro  plot,  and  during  this  present  war,  informa- 
tion was  given  of  several  popish  emissaries  sent  about  in 
the  Colonies  to  sow  seeds  of  dissention,  and  to  blow  up 
every  spark  of  discontent ;  it  has  been  the  constant  practice 
of  that  treacherous  religion  to  act  so ;  and  as  they  have  too 
frequent  opportunities,  and  too  open  a  door  for  such  vile 
practices  in  the  British  colonies,  there  is  too  much  reason  to 
suspect  that  they  will  not  and  have  not  omitted  such  a  fair 
prospect  of  making  us  the  instruments  of  our  own  ruin; 
they  send  men  well  skilled  in  all  the  weaknesses  of  human 
nature;  they  know  how  to  work  the  several  tempers  of  men 


GEORGE  CLINTON,  1747.  401 

to  their  purpose;  men  of  violent  passions,  or  of  desperate 
fortunes,  or  of  wrong  heads,  have  always  been  the  tools  of 
these  cunning  emissaries ;  and  when  such  happen  to  become 
by  any  means  popular,  they  have  too  often  proved  the  most 
dangerous  instruments  to  the  destruction  of  the  religion 
and  liberty  of  their  own  country,  without  knowing  that  they 
are  used  as  such;  as  is  evident  from  several  instances  in  the 
history  of  your  mother  country,  and  of  other  Nations; 
you  may  hereafter  woefully  blame  yourselves  for  your 
fatal  security.  If  you  imagine  no  such  thing  can  happen 
at  this  time  in  North  America,  consider  only  what  has  hap- 
pened since  the  commencement  of  the  present  war  with 
France ;  how  the  enemies  of  the  liberty  of  mankind  had  the 
artifice  to  raise  a  most  dangerous  as  well  as  unnatural  re- 
bellion in  Scotland,  and  by  the  like  artifices  have  brought 
confusion  and  dangerous  revolutions  into  several  courts  in 
Europe;  nothing  has  been  so  effectual  for  those  purposes 
as  raising  jealousies  among  the  people  of  their  rulers  and 
Governors  by  false  reports  and  insinuations,  which  the  low 
rank  of  mankind  are  too  apt  to  receive,  and  though  they 
discover  that  they  have  been  deluded  with  a  thousand  false 
reports,  they  swallow  the  next  of  this  kind  with  greediness. 

You  may  learn  from  the  public  newspapers,  what  great 
armaments  the  enemy  is  making  by  sea,  and  that  it  is  sus- 
pected that  some  part  of  it  is  designed  against  North 
America ;  let  me  conjure  you  then,  Gentlemen,  to  take  care 
of  yourselves.  Can  it  be  imagined,  that  now,  when  your 
Mother  Country  is  at  such  prodigious  expense,  both  in  men 
and  money,  to  support  the  war,  that  you  will  omit  anything 
in  your  power  for  your  own  safety,  and  annoyance  of  the 
common  enemy? 

GENTLEMEN. — After  doing  what  I  think  at  this  time  is  in- 
cumbent on  me,  I  return  to  the  subject  on  which  I  began; 
with  what  truth  can  it  be  said  that  the  new  levies  have  re- 
mained hitherto  unemployed,  and  for  what  purposes  are  in- 
sinuations thus  publicly  made  of  my  neglect  of  my  duty  I 
26 


402  MESSAGES  FKOM  THE  Go  VEEN  on. 

I  assure  you  there  is  nothing  in  my  power  that  I  shall  not 
cheerfully  do  for  the  security  of  the  frontiers  and  to  pre- 
serve the  inhabitants  from  the  incursions  of  the  cruel  and 
barbarous  enemy;  but  then  it  depends  upon  you  to  enable 
me  to  do  it  to  the  purpose  by  contributing  to  the  expense 
which  must  necessarily  attend  it. 

Notwithstanding  the  oppositions  which  have  been  made 
to  the  measures  which  I  thought  necessary  for  his  Maj- 
esty's service,  I  shall  have  the  satisfaction  to  know  that 
I  have  (to  the  utmost  of  my  power)  exerted  myself  for  the 
welfare  of  this  Province,  and  with  these  thoughts  I  remain 
easy. 

After  I  shall  know  your  resolution  of  taking  care  of 
yourselves  at  this  time  when  I  apprehend  the  Province  may 
be  in  danger,  I  shall  return  an  answer  to  your  message  of 
the  23rd  instant. 

G.  CLINTON." 

May  1.  Transmitting  a  letter  from  Major  Edward  Col- 
lins at  Albany,  explaining  the  difficulty  of  forwarding  the 
raising  one  hundred  rangers  unless  they  be  allowed  pro- 
visions by  the  country.  (See  note  4.) 

May  2.    Informing  the  Assembly  that  the  disorders  that 
had  happened  at  Albany  required  the  application  of  all  his 
time  to  prevent  the  inconveniences  that  may  arise  from 
them,  and  suggesting  that  the  Assembly  adjourn  to  the  12th , 
of  May.    The  Assembly  adjourned  accordingly. 

May  26.  Replying  to  a  long  address  from  the  Assembly, 
covering  numerous  questions  of  administration,  the  Gov- 
ernor informed  the  Assembly  that  the  whole  matter  should 
be  presented  to  the  home  government,  to  which  he  was  re- 
sponsible, and  thereupon  directed  the  Assembly  to  adjourn 
to  the  2d  of  June. 

June  2.  Transmitting  several  papers  relating  to  the 
present  state  and  condition  of  the  forces  levied  on  the  ex- 


GEORGE  CLINTON,  1747.  403 

pedition  against  Canada,  posted  in  the  county  of  Albany, 
the  Governor  said: 

1 1  You  cannot  avoid  seeing  the  importance  of  the  papers 
which  are  now  ordered  to  be  laid  before  you ;  the  safety  of 
the  people  you  represent  is  immediately  concerned;  it  is 
needless  therefore  on  this  occasion  to  use  any  arguments 
with  you  to  provide  for  their  safety;  you  will  see  the  opin- 
ion of  his  Majesty's  Council  thereon.  I  am  ready  to  do 
everything  that  can  in  reason  be  expected  of  me,  in  pur- 
suance of  the  advice  which  I  have  received. 

I  have  already  engaged  my  private  fortune  for  his  Ma- 
jesty's service  in  this  Province  further  than  I  think  I  was 
under  any  obligation  to  do;  and  I  think  every  man  in  the 
Province  is  obliged  as  much  as  I  am  to  contribute  out  <jf 
his  private  fortune  for  the  safety  of  the  people  of  it. 

The  Nine  Thousand  Pounds  which  I  have  already  re- 
ceived on  my  bills  shall  all  of  it  be  applied  to  the  payment 
of  the  new  levies. 

If  you  will  not  advance  so  much  money  as  shall  be  fur- 
ther necessary  on  this  occasion,  I  am  ready  to  draw  bills 
for  any  sum  and  at  any  rate  of  exchange,  which  shall  be 
thought  necessary  and  proper. 

But  at  the  same  time,  I  must  tell  you  that  I  insist  on 
it  that  my  family  may  be  indemnified  from  whatever  may 
happen  on  what  I  have  done,  or  shall  do,  by  advice  of  his 
Majesty's  Council,  in  the  payment  of  the  forces  levied  on 
the  expedition  intended  against  Canada,  and  posted  in  the 
county  of  Albany ;  and  I  assure  you  I  will,  to  the  utmost  of 
my  power,  solicit  the  payment  of  such  bills. 

If  the  safety  of  the  people  of  this  Province  in  their  lives 
or  estates  does  not  deserve  your  taking  this  upon  your- 
selves, I  am  not  in  the  least  apprehensive  of  incurring  any 
blame  on  whatever  shall  happen ;  it  remains  then  with  you 
to  provide  against  the  evils  which  are  threatened,  and 
which  cannot  be  prevented  without  your  speedy  and  suffi- 
cient assistance  in  the  manner  at  least  that  I  am  contented 
to  take  it. 


404  MESSAGES  FROM  THE  GOVERNOR. 

Though  I  be  under  a  necessity  of  laying  these  papers  be- 
fore you,  yet  the  contents  of  them  ought  by  no  means  to  be 
made  public. 

G.  CLINTON." 

June  5.  At  the  Governor 's  suggestion,  the  Assembly  ad- 
journed to  the  15th,  and  was  continued  from  that  time  by 
several  adjournments  until  the  31st  of  July,  when  business 
was  resumed. 

July  31.  Informing  the  Assembly  that  the  supreme 
court  was  in  session,  and  for  that  reason  the  Council  could 
not  attend  him,  and  suggesting  an  adjournment  to  Au- 
gust 3. 

August  4.  The  Governor  sent  the  following  message  to 
the  Assembly: 

"As  soon  as  I  had  received  the  letter  from  Governor 
Shirley,  by  express,  a  copy  whereof  I  have  now  ordered 
to  be  laid  before  you,  I  advised  with  his  Majesty's  Council 
of  this  Province ;  and  upon  their  taking  the  subject  matter 
of  that  letter  under  their  consideration,  they  were  so  much 
convinced  of  the  importance  of  it,  that  they  thought  it  in- 
cumbent on  them,  without  delay,  to  form  some  plans  for 
putting  the  forces  now  in  this  Province  on  action,  in  con- 
junction with  those  of  Massachusetts  Bay  and  Connecticut, 
in  pursuance  of  what  Governor  Shirley  purposes.  The  sea- 
son of  the  year  is  already  so  far  advanced,  that  there  is  no 
time  for  meeting  of  Commissioners  in  order  to  concert 
measures,  to  make  estimates,  and  to  agree  on  the  quotas 
of  the  expense,  which  it  may  be  thought  reasonable  for  the 
several  governments  to  bear,  without  rendering  any  at- 
tempt for  this  year  impracticable. 

The  whole  of  the  extraordinary  expense,  exclusive  of 
provisions  for  the  soldiers  and  Indians,  for  carrying  the 
plan  of  operations  to  effect,  is  computed  at  fourteen  thou- 
s,and  pounds. 


GEOKGE  CLINTON,  1747.  405 

The  safety  of  the  people  of  this  Province  is  so  immed- 
iately concerned  in  the  success  of  the  enterprises  proposed, 
and  in  their  being  set  on  foot  speedily,  and  prosecuted  with- 
out delay,  that  I  must  earnestly  recommend  to  you,  to  take 
such  a  share  of  that  expense  on  yourselves,  that  the  Massa- 
chusetts Bay,  and  Connecticut,  may  not  hesitate,  but  be 
encouraged  cheerfully  to  take  the  remainder  upon  them- 
selves.6 

I  am  persuaded  that  your  constituents  are  so  fully  con- 
vinced of  the  necessity  of  something  to  be  undertaken  at 
this  time,  that  any  zeal  shown  for  so  necessary  a  work,  by 
taking  upon  yourselves  more  than  what  in  a  just  propor- 
tion may  be  thought  proper  on  any  other  occasion,  where 
there  is  time  to  adjust  matters,  will  be  agreeable  to  them; 
for  unless  the  forces  now  at  Albany  be  put  on  some  action 
this  season,  it  may  not  be  in  our  power  to  employ  them  in 
the  spring  of  the  year,  or  afterwards.7 

The  Six  United  Nations  of  Indians  are  all  hearty  in  our 
interest;  I  have  the  strongest  assurances  of  their  most 
vigorous  assistance;  and  I  have  likewise  hopes  of  the  as- 
sistance of  several  other  Indian  nations,  some  of  which 
were  formerly  in  the  strictest  friendship  with  the  French, 
but  if  we  remain  longer  inactive,  we  shall  certainly  lose  all 
esteem  and  interest  among  them,  and  give  the  French  ad- 
vantages with  them,  which  you  may  greviously  repent. 

I  shall  lay  nothing  else  at  this  time  before  you,  that  you 
may  immediately  deliberate  and  resolve  on  what  share  of 
the  expense  you  shall  thing  proper  to  take,  and  to  make 
provision  for  it  accordingly,  that  I  may  at  the  same  time  I 
communicate  the  plan  concerted  here,  impart  resolutions  to 
support  it  in  the  execution,  without  which  it  cannot  have 


•  The  Assembly  adopted  a  resolution  August  6th,  agreeing  to  make  the  neces- 
sary appropriations  to  carry  into  execution,  with  other  colonies,  any  well- 
concerted  scheme  for  annoying  the  common  enemy. 

7  The  Assembly  adopted  a  resolution  August  6th,  declining  to  make  appro- 
priations on  uncertainties,  and  without  a  statement  of  the  reasons  for  the 
appropriation. 


406  MESSAGES  FROM  THE  GOVEENOE. 

that  weight  with  the  neighboring  governments,  necessary 
to  induce  them  to  join  in  it  with  that  dispatch  which  the 
present  emergency  of  affairs  requires;  neither  can  I,  till 
your  resolutions,  and  the  resolutions  of  the  neighboring 
governments,  are  known,  give  the  directions  necessary  to 
have  the  Indians  in  readiness. 

The  governments  of  the  Massachusetts  Bay  and  Connec- 
ticut have  already  advanced  considerable  sums  to  encour- 
age the  Six  Nations  in  their  zeal  for  continuing  their  incur- 
sions and  joining  with  us  in  any  enterprise  against  the 


enemy.8 


G.  CLINTON." 


August  25.  The  Governor  received  the  following  ad- 
dress from  the  Council,  which  he  acknowledged  with  the 
assurance  that  the  matters  contained  in  it  should  receive 
his  prompt  and  earnest  consideration : 

"  We,  his  Majesty's  most  dutiful  and  loyal  subjects,  the 
members  of  his  Majesty's  Council  for  the  Province  of  New 
York,  beg  leave  to  lay  before  your  Excellency  the  present 
dangerous  state  we  apprehend  the  City  of  Albany  to  be  in. 

Your  Excellency  cannot  but  be  sensible  that  the  preserva- 
tion of  the  County  of  Albany,  and  of  a  great  part  of  this 
Province,  the  fidelity  of  the  Indian  Nations  (and  we  may 
add)  in  its  consequences  the  security  of  a  great  part  of  the 
neighboring  Provinces,  does  chiefly  depend  upon  the  pre- 
servation of  that  city :  We  were  therefore  deeply  affected 
with  the  late  accounts  received  from  thence;  that  the 
new  levies  which  had  been  posted  to  the  northward  of  the 


8  The  Assembly  passed  a  resolution  August  6th,  expressing  the  opinion  that 
New  York  had  already  contributed  more  for  presents  to  the  Indians  than 
Massachusetts  and  Connecticut  together.  The  Assembly  did  not  suggest  that 
any  further  appropriation  for  this  purpose  would  be  forthcoming.  By  another 
resolution  adopted  the  same  day,  the  Assembly  expressed  the  opinion  that  as 
between  New  York,  Massachusetts  and  Connecticut,  New  York  should  not  bear 
more  than  one-third  of  the  expense  of  the  expedition,  and  that  governments  to 
the  westward  should  also  bear  a  share  of  the  expense. 


GEORGE  CLINTON,  1747.  407 

city  of  Albany,  had  been  all  withdrawn  from  thence,  (ex- 
cept one  company  of  about  70  or  80  men  left  at  the  Mills, 
a  short  miles  distance  from  Albany)  and  encamped  at 
Greenbush  below  the  city  and  on  the  opposite  side  of  the 
river.  Greatly  alarmed  at  this  report  and  being  informed 
that  Mr.  Collins,  Town  Major  of  Albany,  and  Mr.  Cuyler, 
late  Mayor  of  that  City,  were  in  this  Town,  we  sent  for  and 
examined  them  upon  their  oaths,  and  they  confirmed  the 
truth  of  this  report.  As  this  step  appeared  to  us  to  be  of 
dangerous  consequence  to  his  Majesty's  service  as  so  evi- 
dently to  hazard  the  loss  of  the  city  of  Albany  we  thought 
we  would  not  discharge  the  duty  we  owe  to  his  Majesty  and 
to  our  country  if  on  this  occasion  we  should  be  any  longer 
silent. 

We  are  therefore  constrained  by  the  dangers  we  appre- 
hend ourselves  exposed  to,  to  have  recourse  to  your  Excel- 
lency, and  to  lay  before  you  some  facts,  such  as  either  con- 
sist with  our  own  knowledge,  or  we  received  upon  the  oaths 
of  the  Gentlemen  we  examined. 

The  City  of  Albany  is  situated  on  the  west  side  of  Hud- 
son's River;  the  town  of  Schenectady  is  also  on  the  same 
side  of  that  river,  at  about  sixteen  miles  distance ;  the  Fort 
at  Saraghtoga  is  at  about  thirty-six  miles  distance,  to  the 
northward  of  Albany;  Greenbush,  where  the  levies  are  en- 
camped, is  on  the  east  side  of  Hudson's  River,  at  about  a 
miles  distance  below  Albany,  where  the  river  is  about  the 
third  part  of  a  mile  wide,  and  not  fordable,  being  of  depth 
sufficient  for  large  vessels. 

Upon  these  facts  we  must  observe  to  your  Excellency, 
that  the  levies  encamped  at  Greenbush  cannot  march  to  the 
assistance  of  Albany  or  Schenectady,  or  to  the  relief  of 
Saraghtoga  Fort,  without  first  crossing  the  river  below  Al- 
bany, and  should  the  enemy  make  an  attempt  upon  Albany 
or  Schenectady,  we  must  leave  it  to  your  Excellency's  own 
reflection  to  consider  what  delays  and  confusion  would  at- 
tend the  passage  of  troops,  not  very  orderly  and  many  of 


408  MESSAGES  FROM  THE  GOVERNOR. 

them  scarce  half  disciplined ;  and  how  far  such  an  unneces- 
sary delay  would  hazard  the  loss  of  those  places,  should 
they  be  suddenly  attacked;  and  since  the  levies  are  en- 
camped on  the  east  side  of  Hudson's  River  (except  that 
handful  at  the  Mills)  and  there  are  no  inhabitants  to  the 
northward,  all  that  part  of  the  country  being  lost,  except 
the  Fort  at  Saraghtoga ;  what  is  there  to  hinder  or  molest 
the  French  and  their  Indians  from  coming  with  the  great- 
est confidence  and  security  near  the  City  of  Albany,  and 
watching  an  opportunity  to  surprise  it. 

It  was  with  great  concern  and  grief  that  we  heard  of  the 
distressed  and  deplorable  circumstances  of  the  inhabitants 
of  the  City  of  Albany;  the  whole  number  of  men  able  to 
bear  arms,  even  including  the  grayheads  of  seventy  and 
upwards,  does  not  exceed  three  hundred;  they  are  obliged 
to  do  duty  on  the  guard  every  fourth  night,  sometimes 
oftener,  without  distinction  of  age  or  persons ;  so  that  even 
the  Judge  of  the  Court  of  Common  Pleas  for  the  County,  a 
very  ancient  man,  is  obliged  to  take  his  turn ;  and  yet  not- 
withstanding this  great  fatigue  upon  the  inhabitants,  they 
have  had  no  assistance  or  ease  from  the  new  levies. 

We  beg  leave  to  acquaint  your  Excellency,  that  we  are 
justly  apprehensive  that  these  difficulties  and  discourage- 
ments may  induce  such  of  them  as  can  support  themselves 
elsewhere  to  leave  the  city,  and  thereby  render  it  weaker 
and  more  exposed  to  danger  and  ruin. 

SIR. — At  this  distance  from  his  most  sacred  Majesty,  we 
cannot  lay  before  him  for  immediate  relief  the  deplorable 
circumstances  of  our  country ;  from  whose  paternal  care  of 
all  his  faithful  subjects,  (and  such  with  truth  we  may  call 
ourselves  from  our  known  loyalty  to  his  Majesty  and  affec- 
tion to  his  illustrious  House)  we  could  not  fail  of  assist- 
ance. 

At  this  distance  therefore  we  apply  to  your  Excellency, 
and  we  flatter  ourselves  that  upon  the  few  considerations 
which  we  have  laid  before  you,  and  the  reflections  which 


GEORGE  CLINTON,  1747.  409 

your  own  judgment  may  suggest  to  you,  your  Excellency 
will  be  pleased  to  give  your  orders  for  posting  such  a  num- 
ber of  the  new  levies  (until  his  Majesty  shall  dispose  of 
them  otherwise)  to  the  northward  of  the  City  of  Albany 
in  such  places  as  your  Excellency  shall  think  most  conven- 
ient for  its  protection  and  security,  and  to  keep  the  enemy 
at  a  greater  distance;  and  we  pray  the  God  of  Heaven  to 
touch  your  Excellency's  heart  with  compassion  to  the  dis- 
tressed inhabitants  of  the  City  of  Albany,  that  by  posting 
some  of  the  levies  in  that  city,  the  inhabitants  may  be 
partly  eased  of  the  heavy  duty  they  undergo,  and  be  in- 
duced to  continue  in  the  city  for  its  strength  and  defence; 
and  we  are  humbly  of  the  opinion  that  those  companies  of 
levies  which  were  raised  in  and  about  the  City  would  be 
most  proper  for  that  purpose." 

August  25.  Transmitting  a  letter  from  Governor  Shir- 
ley, relating  to  the  expense  attending  bringing  a  consider- 
able number  of  English  prisoners  by  a  French  flag  of  truce 
from  Canada  to  Boston,  and  other  papers  relating  to  the 
exchange  of  prisoners.9 

August  31.  The  Governor  sent  the  following  message 
to  the  Assembly: 

1 '  I  must  now  acquaint  you  that  I  can  no  longer  continue 
the  expense  which  I  have  undertaken  at  the  charge  of  the 
Crown,  in  supplying  with  provision,  the  four  Independent 
Companies  of  fusileers  posted  at  Albany,  and  the  levies 
made  in  the  southern  colonies  for  the  expedition  against 
Canada;  neither  can  I  longer  continue  the  expense  (which 
I  undertook  at  the  charge  of  the  Crown)  for  preserving  the 
fidelity  of  the  Six  United  Indian  Nations,  and  other  Indian 
Nations  in  amity  with  us ;  and  in  sending  out  parties  of  In- 
dians in  annoyance  of  the  enemy,  and  for  intelligence ;  any 
failure  in  the  provisions,  or  want  of  necessary  supplies  for 
the  Indians,  may  occasion  disorders  of  the  worst  conse- 
quences. 


» The  Assembly,  August  25th,  adopted  a  resolution  to  provide  for  the  ex- 
pense incurred  in  returning  the  English  prisoners  belonging  to  New  York. 


410  MESSAGES  FROM  THE  GOVERNOR. 

I  therefore  recommend  to  you  to  find  the  necessary  sup- 
plies for  these  purposes  for  two  months;  before  the  ex- 
piration of  which  time,  I  hope  to  be  able  to  let  you  know 
his  Majesty's  pleasure  in  relation  to  the  forces  now  at  Al- 
bany, which  I  cannot  at  present  do,  till  Mr.  Shirley  and  Mr. 
Knowles  shall  have  consulted  together  on  the  subject  mat- 
ter of  some  dispatches  (lately  arrived)  from  his  Grace  the 
Duke  of  Newcastle,  and  shall  have  advised  me  thereon;  I 
hope,  likewise,  by  that  time  to  inform  you  whether  any  of 
the  neighboring  governments  be  willing  to  contribute  to- 
wards any  of  these  expenses. 

Col.  Johnson,  the  contractor  for  supplying  the  garri- 
son of  Oswego  with  provisions,  informs  me  that  since  the 
incursion  on  Burnet's  Field  by  the  enemy,  he  has  been  ob- 
liged to  pay  double  the  money  for  transporting  provisions 
to  that  garrison  that  has  been  usual,  and  that  he  cannot  for 
the  future  transport  provision  thither  without  a  good 
guard  to  escort  them. 

The  expense  attending  the  relief  of  the  garrison  at 
Saraghtoga,  and  transporting  provisions  to  that  Fort,  can- 
not be  continued  any  longer  at  the  expense  of  the  Crown; 
you  must,  therefore,  provide  in  time  for  these  expenses; 
and  especially,  for  the  security  of  the  garrison  at  Oswego, 
which,  under  the  difficulties  which  may  attend  the  sending 
provision  and  reliefs  to  that  important  place,  deserves  your 
serious  attention  at  this  time. 

You  will  find  by  an  extract  of  a  letter  from  Col.  Johnson, 
of  the  19th  instant,  that  he  was  to  set  out  as  on  Tuesday 
last,  at  the  head  of  a  considerable  body  of  Christians  and 
Indians,  in  quest  of  a  body  of  French  and  Indians  (discov- 
ered by  his  parties)  between  Saraghtoga  and  Crown  Point; 
as  soon  as  I  shall  hear  of  his  return,  I  shall  require  his  at- 
tendance at  this  place,  in  order  that  we  may  be  fully  in- 
formed of  the  state  of  the  Indian  Affairs ;  if  the  exigency 
of  those  affairs  at  that  time  will  permit  him  to  be  absent 
from  the  Indians. 

G.  CLINTON/' 


GEORGE  CLINTON,  1747.  411 

September  1.  Transmitting  a  letter  from  Col.  William 
Johnson  dated  at  Mount  Johnson  August  28,  relating  to  an 
enterprise  that  he  was  going  upon  Cowards  Lake  Sacra- 
ment, with  a  considerable  body  of  Christians  and  Indians 
in  quest  of  a  large  party  of  the  enemy. 

September  10.  The  Assembly  adopted  a  series  of  resolu- 
tions on  the  2d,  in  effect  declining  to  accede  to  the  Govern- 
or's demand  for  additional  supplies  as  set  forth  in  his  mes- 
sage of  August  31st,  whereupon  the  Governor  on  the  10th, 
sent  the  following  message  to  the  Assembly : 

"  Your  resolves  of  the  2d  of  this  month,  in  answer  to  my 
message  of  the  28th  [31st]  of  the  last  month,  and  which 
were  communicated  to  me  by  order  of  the  House,  truly  give 
me  the  greatest  concern  for  the  safety  of  the  people  of  this 
Province;  and  the  regard  I  owe  to  his  Majesty's  service 
makes  it  necessary  to  reiterate  the  demands  I  then  made  of 
supplies,  though  it  be  contrary  to  custom  to  do  it  in  the 
same  session. 

Your  refusing  to  bear  the  charge  of  transporting  the  pro- 
visions, and  of  the  reliefs  that  are  necessary  for  any  of  .the 
out  garrisons,  puts  me  under  the  necessity  of  withdrawing 
the  garrisons,  and  particularly  the  garrison  and  warlike 
stores  from  Saraghtoga,  or  of  suffering  them  to  be  de- 
serted ;  and  your  refusing  to  be  at  the  charge  of  a  guard  to 
send  the  provisions  to  Oswego,  renders  the  supply  of  that 
garrison  impracticable ;  in  which  case,  it  must  fall  into  the 
enemy's  hands. 

You  well  know  in  what  temper  and  disposition  the  Six 
United  Nations  of  Indians  were  before  my  treaty  with  them 
last  year;  the  Commissioners  for  Indian  Affairs  gave  re- 
peated advice  of  their  unwillingness  to  enter  into  the  war 
against  the  French;  many  of  them  had  actually  gone  over 
to  assist  the  French,  and  the  fidelity  of  all  of  them  became 
suspected;  the  success  of  my  treaty  with  them  was  so  un- 
expected, that  it  is  also  well  known  with  what  reluctance 
any  account  of  it  was  received,  and  that  all  manner  of 


412  MESSAGES  FKOM  THE  GOVERNOR. 

doubts  were  encouraged  and  propagated  till  the  effects  of 
their  incursions  on  the  enemy  appeared  in  this  City;  after 
this,  the  number  of  those  gained  heartily  to  the  British 
interest  were  with  great  assiduity  everywhere  represented 
to  be  very  small;  which  at  the  same  time  the  numbers  of 
the  disaffected  were  as  industriously  magnified  till  the 
great  numbers  of  Indians  who  have  joined  Col.  Johnson 
with  the  greatest  alacrity  in  his  enterprise  at  this  time 
against  a  body  of  the  enemy  discovered  by  his  parties  in 
Lake  Sacrament,  from  whence  the  enemy  send  out  great 
parties  to  murder  cruelly  the  inhabitants  of  this  Province ; 
and  it  has  evidently  discovered  the  falsity  of  all  these  re- 
ports, and  gives  you  an  opportunity  to  reflect  for  what  pur- 
poses these  reports  have  been  so  industriously  propagated 
to  the  prejudice  of  the  British  interest. 

The  Crown  has  been  at  a  very  great  expense  in  recover- 
ing the  affections  of  the  Indians;  the  people  of  Great 
Britain  are  now  at  a  greater  expense  of  treasure,  in  de- 
fending the  liberties  of  Europe,  than  ever  they  were  at  any 
time  since  they  were  a  nation;  the  King  then  must  expect 
that  you  will  be  at  the  expense  necessary  for  the  safety  of 
the  people  you  represent  in  preserving  the  affection  of  the 
Indians,  which  otherwise  must  be  lost. 

My  concern  therefore  for  the  welfare  and  safety  of  the 
people,  whom  our  most  gracious  Sovereign  has  committed 
to  my  care,  makes  me  again  insist  that  you  provide  for  the 
necessary  services  which  I  recommended  to  you  in  my  mes- 
sage, for  two  months  at  least;  after  which  we  have  reason 
to  hope  the  neighboring  colonies  will  join  in  the  mutual  de- 
fence of  the  frontiers  and  concert  proper  measures  for 
effectual  annoyance  of  the  enemy.  If  you  continue  to  re- 
fuse this,  consider  that  you  may  thereby  expose  yourselves 
to  the  displeasure  of  your  King,  and  perhaps  to  the  resent- 
ment of  your  Mother  Country;  at  least  you  must  take  upon 
yourselves  the  blame  of  all  misfortunes  that  may  happen 
thereby  to  the  people  of  this  Province ;  nothing  in  my  power 


GEORGE  CLINTON,  1747.  413 

shall  be  wanting  for  their  defence  and  security,  or  for  an- 
noyance of  the  enemy;  but  if  you  deny  me  the  necessary 
supplies,  all  my  endeavors  must  become  ineffectual  and 
fruitless ;  I  must  wash  my  hands  and  leave  at  your  doors  the 
blood  of  the  innocent  people  that  may  be  shed  by  a  cruel 
and  merciless  enemy. 

Unless  the  affection  and  fidelity  of  the  Indians  be  effect- 
ually secured,  it  will  be  impracticable  to  preserve  the  gar- 
rison at  Saraghtoga,  and  therefore  I  cannot  resolve  on  a 
relief  of  that  garrison  till  you  have  given  a  proper  an- 
swer to  this. 

G.  CLINTON." 

September  11.  The  Assembly  requested  the  Governor  to 
take  vigorous  measures  for  the  relief  of  the  garrison  at 
Saratoga,  but  he  did  not  reply  to  its  request.  The  re- 
quest was  renewed  with  the  assurance  that  the  Assembly 
would  not  only  make  allowance  for  supplying  the  relieving 
force  with  provisions,  but  also  provide  for  the  expense  of 
transporting  such  provisions  to  the  said  Fort. 

September  17.  By  the  Governor's  direction,  the  Assem- 
bly adjourned  to  the  22d. 

September  22.  After  publishing  certain  laws  the  Gov- 
ernor prorogued  the  Assembly  to  the  29th  inst. 


1747.     SEPTEMBER.    TWENTY-FOURTH  ASSEMBLY,  SIXTH  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  met  on  the  29th  of  September,  but  trans- 
acted no  business  until  the  6th  of  October,  when  the  Gov- 
ernor sent  to  both  Houses  the  following 

MESSAGE. 

GENTLEMEN  OF  THE  COUNCIL. — I  now  lay  before  you  an 
agrement  entered  into  by  the  Commissioners  of  this  Pro- 
vince, of  Massachusetts  Bay  and  Connecticut,  wherein 


414  MESSAGES  FROM  THE  GOVERNOR. 

your  consent  is  necessary  so  far  as  relates  to  the  supplies 
to  be  granted  for  defraying  that  share  of  the  expense  wnich 
this  Province  is  to  undertake. 

You  will  see  by  that  agreement  that  this  Province  is  to 
have  a  certain  number  of  men  in  readiness  for  action,  by  a 
day  limited  in  that  agreement;  you  are  to  grant  the  neces- 
sary supplies  for  raising  and  paying  them  and  all  other  in- 
cidental charges  that  must  accrue  on  the  plan  concerted  by 
those  commissioners,  except  guns,  ammunition,  batteaux, 
tents  and  other  utensils,  which  I  have  prepared  at  the  ex- 
pense of  the  Crown  and  now  remain  fit  for  service,  and 
which  I  told  the  commissioners  shall  be  reserved  for  that 
purpose.1 

But  you  will  observe  by  that  agreement  that  nothing  is 
concerted  for  the  security  of  the  frontiers  of  this  Province, 
or  for  the  safety  of  the  inhabitants  thereof,  though  the  do- 
ing of  this  was  recommended  by  me  to  the  commissioners 
of  this  Province  in  the  strongest  terms  I  could  conceive.  It 
remains  then  with  you  to  take  care  of  your  constituents  by 
granting  the  supplies  necessary  for  that  end. 

Neither  have  the  commissioners  concerted  any  method 
for  preserving  the  Indians  in  the  good  disposition  they  now 
are  in,  and  which  I  think  of  the  greatest  consequence  to 
the  safety  of  the  people.  Before  my  treaty  with  the  Six 
Nations  last  year,  they  were  so  far  from  being  hearty  in 
entering  into  the  war  against  the  French  that  the  greatest 
number  of  them  were  in  the  French  interest.  They  had 
frequent  treaties  with  the  Governor  of  Canada,  and  some 
of  them  had  actually  joined  in  the  war  against  us.  They 
have  since  that  given  evident  proofs  of  an  alteration  of 
their  disposition  in  our  favor;  such  proofs  as  will  not  ad- 
mit of  any  dispute,  of  their  being  heartily  engaged  in  our 
interest,  and  willing  to  hazard  their  lives  with  us  in  any 


I  The  Assembly  on  the  8th  of  October  approved  the  report  of  September  28, 
1747,  made  by  the  commissioners  from  New  York,  Massachusetts,  and  Connec- 
ticut relative  to  military  operations  against  the  French. 


GEORGE  CLINTON,  1747.  415 

enterprise  against  our  common  enemy.  At  the  same  time 
we  have  too  much  reason  to  fear  that  the  many  disappoint- 
ments the  Indians  have  met  with  in  tjie  hopes  given  them  of 
attacking  Canada  both  by  sea  and  land  (and  which  have 
failed  by  incidents  not  in  our  power  to  prevent)  may  oc- 
casion many  distrusts  and  jealousies  among  them,  and 
which  may  prove  highly  prejudicial  to  the  people  of  this 
Province  and  favorable  to  a  cruel  and  merciless  enemy,  to 
whom  the  frontiers  of  this  Province  for  a  large  extent  of 
country  to  the  westward  as  well  as  northward,  are  too  evi- 
dently exposed,  and  which,  without  the  assistance  of  the 
Six  United  Nations,  cannot  so  easily,  and  with  so  much  se- 
curity, be  defended. 

I  have  at  a  very  great  expense  to  the  Crown  recovered 
the  affections  of  the  Six  United  Indian  Nations,  and  hith- 
erto preserved  them  in  their  fidelity.  I  have  likewise  in- 
duced them  to  be  assiduous  in  drawing  in  their  allies  and 
dependants  into  the  same  good  dispositions  with  them- 
selves, and  who  consist  of  numerous  nations,  and  who  can 
be  of  the  greatest  service  in  distressing  the  enemy,  but  I 
can  and  will  no  longer  continue  this  charge  on  the  Crown. 
The  preserving  the  fidelity  of  the  Indians  can  in  the  ex- 
pense occasioned  thereby  bear  but  a  small  proportion  to  the 
charge  of  recovering  and  hitherto  preserving  their  affec- 
tions and  fidelity  and  of  keeping  them  always  in  readiness 
and  parties  in  action ;  and  therefore,  I  cannot  doubt  of  your 
contributing  on  your  part  to  so  small  a  proportion  as  is 
necessary  at  this  time  for  the  safety  and  security  of  the 
people  of  this  Province,  and  who  I  am  well  assured  will 
cheerfully  bear  any  tax  or  imposition  that  is  so  expedient 
for  their  own  safety.  When  it  is  considered  what  a  load  of 
taxes  and  impositions  the  people  of  Great  Britain  cheer- 
fully bear  for  the  preservation  of  the  liberties  of  Europe, 
it  cannot  be  expected  that  they  will  bear  with  patience  the 
refusal  of  their  colonies  to  take  upon  themselves  that  ex- 
pense which  is  necessary  for  their  own  safety,  especially 


416  MESSAGES  FROM  THE  GOVERNOR. 

when  what  may  be  saved  from  superfluities  will  be  more 
than  sufficient  for  all  the  means  proposed  for  this  purpose.2 

The  securing  the  garrison  at  Oswego  on  all  events  is  a 
matter  of  the  greatest  consequence  for  preserving  the  fidel- 
ity of  the  Indians,  and  deserves  your  serious  consideration 
in  order  to  give  the  necessary  supplies  for  that  purpose, 
and  unless  you  likewise  secure  the  Indians  by  building 
forts,  one  at  least  in  every  Nation,  they  must  be  wavering 
in  their  resolutions,  since  if  this  be  neglected,  they  may  sus- 
pect that  we  have  no  regard  to  their  safety,  but  only  to 
employ  them  for  our  own  benefit.3 

At  the  same  time  I  shall  with  great  pleasure  think  of  and 
concur  in  every  method  to  make  this  necessary  expense  as 
easy  as  possible  to  all,  but  especially  to  those  who  are  least 
able  to  bear  it,  I  mean  the  laboring  and  industrious  part  of 
the  inhabitants ;  with  this  view  of  saving  expense,  I  propose 
to  you  to  take  the  forces  levied  on  the  expedition  intended 
against  Canada  into  the  pay  of  this  Province  with  pro- 
visions, on  the  same  footing  they  would  have  been  had  they 
continued  in  the  King's  pay.  Considering  how  far  the 
number  of  men  in  these  forces  and  now  in  the  county  of 
Albany  is  lessened  by  death  and  desertion,  the  whole  will 
not  amount  to  more  than  the  number  of  men  which  by  the 
agreement  now  laid  before  you  will  be  requisite  in  a  little 
time  to  be  levied  in  this  Province  for  the  purposes  men- 
tioned in  that  agreement ;  without-  taking  this  method  it 
may  be  a  question  whether  the  necessary  levies  can  be  made 
when  immediately  wanted,  and  if  they  can  be  made,  yet  in 
all  probability  the  expense  of  doing  it  will  be  greater  than 
the  charge  of  continuing  these  troops  in  pay  for  the  time 
proposed.  At  the  same  time  I  must  tell  you  that  unless  this 
method  be  taken  for  continuing  the  forces  at  Albany  the 

2  The  Assembly,  by  a  resolution  adopted  October  8th,  recommended  liberal 
presents  to  the  Indians. 

3  The  Assembly  on  the  8th  of  October  adopted  resolutions  recommending  the 
maintenance  of  the  garrison  at  Oswego  and  the  erection  of  forts  in  the  Indian 
country. 


GEORGE  CLINTON,  1747.  417 

frontiers  must  this  winter  be  deprived  of  that  defence 
which  they  may  have  by  continuing  them,  and  in  that  case 
I  know  of  no  method  to  secure  the  frontiers  but  by  making 
large  detachments  of  the  militia  from  the  several  counties 
of  the  Province  for  that  service,  and  it  must  be  done  if  you 
do  not  agree  to  the  other  method,  notwithstanding  that  I 
think  it  will  be  every  way  more  chargeable  and  burdensome 
to  all  the  inhabitants  and  less  effectual;  in  order  to  lessen 
the  expense  of  keeping  up  the  new  levies,  I  shall  reduce  the 
number  of  companies  so  that  the  number  of  men  in  each 
company  be  brought  up  to  that  of  their  first  establishment, 
and  when  that  is  done  the  whole  of  what  then  can  remain 
will  be  no  more  that  what  is  expedient  for  the  defence  of 
the  frontiers.4 

Though  I  think  it  absolutely  necessary  for  you  at  this 
time  to  take  the  whole  charge  of  the  Indians  as  well  as  of 
securing  the  frontiers  upon  yourselves,  I  shall  use  my  best 
endeavors  by  such  application  as  I  shall  think  most  effectual, 
to  persuade  the  colonies  to  the  southward  as  far  as  Virginia 
to  contribute  a  reasonable  proportion  towards  the  encour- 
agement and  support  of  the  Indians,  and  defence  of  the 
frontiers,  as  well  as  in  joining  in  any  enterprise  against  the 
enemy,  which  shall  be  thought  proper ;  or  if  they  cannot  be 
thus  persuaded,  I  shall  use  my  best  endeavors  to  obtain 
such  royal  injunctions  as  shall  be  effectual  for  that 
purpose. 

As  to  your  taking  upon  you  at  this  time  the  whole  neces- 
sary expense  of  the  Indians,  I  must  inform  you  that  at  my 
last  treaty  with  the  Six  United  Nations,  the  governments  of 
Virginia  and  of  the  Massachusetts  Bay  sent  considerable 
presents  to  the  Indians.  The  Massachusetts  Bay  have  since 
that  sent  presents  to  the  value  of  at  least  one  thousand 
pounds,  New  York  currency;  and  Connecticut  about  three 


*  The  Assembly  on  the  8th  of  October  recommended  the  retention  at  Albany 
of  a  part  of  the  King's  troops  about  to  be  discharged  for  service  there  during 
the  winter. 

27 


418  MESSAGES  FROM  THE  GOVERNOR. 

hundred  pounds  value  in  the  same  money.  This  govern- 
ment gave  no  presents  at  that  treaty,  nor  have  they  at  any 
time  since  been  at  any  expense  on  account  of  the  Indians, 
and  therefore  you  have  now  the  more  reason  to  advance 
what  is  absolutely  necessary  for  your  own  safety  for  some 
time  till  the  neighboring  colonies  be  brought  to  contribute 
their  just  proportion  of  that  expense. 

There  is  nothing  in  my  power  which  I  will  not  cheerfully 
do  for  the  welfare  of  this  Province  and  safety  of  the  people 
his  Majesty  has  committed  to  my  care.  I  have  given  as 
strong  proofs  of  this  as  any  Governor  ever  did  before  me ; 
I  shall  likewise  use  my  endeavors  that  whatever  you  may 
give  for  these  ends  shall  be  as  frugally  managed  as  possi- 
ble, and  that  all  satisfaction  be  given  you  for  that  purpose, 
either  by  accounts  or  otherwise  so  far  as  can  be  desired. 

You  will  see  by  the  agreement  herewith  sent  you  that  the 
approbation  of  the  several  governments  must  be  transmit- 
ted to  the  others  as  soon  as  possible.  The  season  of  the 
year  makes  it  necessary  to  provide  immediately  for  the 
clothing  of  the  forces  at  Albany,  if  they  are  to  be  continued 
there  at  your  expense. 

If  I  be  not  enabled  to  send  an  account  to  Mr.  Shirley  and 
Mr.  Knowles  of  your  resolutions  in  respect  to  the  retaining 
the  forces  at  Albany  speedily,  perhaps  it  may  come  too  late, 
or  be  a  prejudice  to  his  Majesty's  service  in  other  parts. 

The  sachems  of  the  Six  Indian  Nations  and  others  who 
came  down  with  Col.  Johnson  (whose  name  I  cannot  men- 
tion without  grateful  remembrance  of  the  services  he  has 
done  his  country)  now  wait  for  your  resolutions,  and  my 
answer  thereon ;  and  though  they  are  impatient  to  be  gone, 
I  cannot  suffer  them  to  go  without  giving  them  encourage- 
ment by  proper  presents  and  assurances,  in  order  to  dispel 
any  jealousies  they  may  have  conceived  by  reason  of  their 
disappointment  in  the  expeditions  having  been  so  long  de- 
layed ;  and  I  cannot  give  these  assurances  till  I  know  your 
resolution  of  supporting  the  necessary  expense  that  attends 
the  reserving  the  friendship  of  the  Indians.  (See  Note  2.) 


GEORGE  CLINTON,  1747.  419 

The  sachems  say  they  will  not  stay  beyond  two  days ;  and 
if  they  go  away  discontented,  I  know  not  of  what  bad  con- 
sequence it  may  be,  and  surely  it  c#n  produce  no  good. 
These  things  altogether  make  it  necessary  for  you  to  re- 
solve speedily,  and  therefore  I  shall  lay  nothing  before  you 
at  this  time  till  I  know  your  resolutions  thereon;  and  I 
must  require  your  speedy  answer  on  the  several  heads  now 
recommended  to  you.  I  shall  order  some  other  papers  to 
be  laid  before  you  for  your  better  information  in  these 
matters. 

G.  CLINTON. 

On  the  same  day  the  Governor  transmitted  to  both 
Houses  the  report  of  an  agreement  between  the  commis- 
sioners representing  New  York,  Massachusetts  and  Con- 
necticut. The  report  bears  date  September  28,  1747,  and 
considered  the  following  subjects: 

1.  An  expedition  against  Crown  Point. 

2.  The  enlistment  of  four  thousand  men,  besides  Indians 
and  their  allies.    All  forces  to  be  at  Albany  by  the  15th  of 
April,  1748,  ready  to  march. 

3.  That  each  Indian  taking  part  in  the  expedition  be 
equipped  with  necessaries  to  the  value  of  five  pounds  New 
York  currency,  "  and  be  assured  of  a  present  of  the  like 
value  on  their  return  in  case  of  success." 

4.  Gunsmiths  were  also  to  be  assigned  to  the  Oneidas, 
Onondagas,  Cayugas  and  Senecas.     An  appropriation  of 
three  hundred  sixty  pounds  was  to  be  made  for  supplies  to 
the  Indians,  of  which  Massachusetts  was  to  contribute  nine- 
twentieths,   New  York   eight-twentieths,   and  Connecticut 
three-twentieths,  but  these  proportions  were  not  to  be  used 
as  a  precedent  on  subsequent  occasions. 

5.  The  agreement  contained  detailed  provisions  relative 
to  the  enlistment  of  troops  and  their  subsistence. 

6.  The  expedition  was  to  be  under  the  command  of  three 
general  officers,  to  be  appointed  by  the  Governors  of  the 
three  colonies. 


420  MESSAGES  FEOM  THE  GOVEENOE. 

7.  A  committee  representing  the  different  colonies  was 
to  meet  at  Middletown  in  December,  for  the  purpose  of 
completing  arrangements  for  the  expedition. 

8.  Application  was  to  be  made  to  the  Governors  of  the 
other  American  colonies  from  Virginia  to  New  Hampshire, 
"  to  join  according  and  in  proportion  to  their  abilities  in 
this  common  undertaking  against  his  Majesty's  enemies, 
and  to  unite  with  these  governments  in  the  mutual  defence 
and  security  of  his  Majesty's  colonies  on  the  continent  in 
North  America,"  and  to  send  representatives  to  the  Mid- 
dletown meeting. 

9.  That  application  be  made  to  the  King  to  send  a  naval 
force  to  the  St.  Lawrence  Eiver,  for  the  purpose  of  reduc- 
ing that  part  of  Canada. 

10.  If  any  other  colony  should   decline  to  unite  with 
Massachusetts,  New  York  and  Connecticut  in  the  proposed 
movement,  application  was  to  be  made  to  the  King  to  com- 
mand any  such  colony  to  join  in  the  expedition. 

11.  If  the  King  should  not  send  a  naval  force  to  the  St. 
Lawrence,  the  colonies  were  to  send  to  that  river  as  many 
ships  as  could  be  obtained,  and  were  also  to  send  an  expe- 
dition to  Canada  by  land. 

12.  New  York  was  to  admit  free  of  duty  any  vessels  or 
stores  intended  for  the  expedition. 

13.  If  the  expedition  against  Crown  Point  or  against 
Canada  should  not  be  undertaken  as  planned,  a  force  of 
scouts  and  rangers  was  to  be  maintained  along  the  border 
at  the  joint  expense  of  the  contracting  colonies,  and  of 
other  colonies  which  might  furnish  men  for  that  purpose. 

14.  Any  colony  separately  attacked  was  to  give  notice 
thereof  to  the  other  colonies,  and  each  colony  was  to  com- 
municate   to  the  others  any  intelligence  of   an   intended 
invasion  or  of  approaching  danger. 

15.  The  Legislature  in  each  of  the  contracting  colonies 
was  requested  to  ratify  the  agreement. 


GEORGE  CLINTON,  1747.  421 

16.  An  earnest  appeal  was  made  to  other  colonies  for 
assistance. 

17.  No  part  of  the  agreement  was  -to  be  in  force  unless 
ratified  by  all  the  contracting  colonies. 

On  the  same  day  the  Governor  transmitted  to  the  Assem- 
bly a  copy  of  the  speech  made  by  seven  sachems  of  the  Six 
Nations  and  other  Indians  on  Saturday,  the  26th  of  Sep- 
tember. The  records  do  not  contain  a  copy  of  this  speech. 
The  Governor  also  transmitted  an  examination  of  Col. 
William  Johnson  relative  to  the  condition  of  the  Six 
Nations. 

SPECIAL  MESSAGES. 

October  8.  The  Assembly  on  this  day  adopted  a  series 
of  resolutions  relating  to  public  affairs,  and  directed  that 
they  be  communicated  to  the  Governor.  These  resolutions 
approved  the  foregoing  agreement  entered  into  between 
Massachusetts,  New  York  and  Connecticut,  recommended 
that  provision  be  made  for  the  security  of  the  northern 
frontier,  that  a  proper  present  be  made  to  the  "  eight 
sachems  of  the  Indian  Nations  now  in  the  city  of  New 
York, ' '  that  an  additional  sum  of  eight  hundred  pounds  be 
appropriated  for  the  purpose  of  securing  the  fidelity  of  the 
Indians,  that  the  usual  provision  be  made  for  the  garrison 
posted  at  the  fort  and  trading  house  at  Oswego;  that,  if 
it  be  found  necessary  and  other  colonies  would  assist,  forts 
be  erected  at  proper  places  among  the  Indian  nations  "  to 
be  for  places  of  retreat  and  security  for  the  wives  and 
children  of  the  Indians  when  the  men  shall  be  gone  out 
upon  any  warlike  enterprise  for  the  annoyance  of  the  com- 
mon enemy,"  that  if  troops  on  the  northern  frontiers 
should  be  discharged  from  the  King's  pay,  enough  of  them 
be  retained  at  the  expense  of  the  colony,  properly  to  guard 
the  northern  frontier  during  the  ensuing  winter;  and  that 
provision  be  made  for  the  relief  and  preservation  of  the 
garrison  at  Saratoga. 


422  MESSAGES  FROM  THE  GOVERNOR. 

To  these  resolutions  the  Governor  sent  the  following 
reply : 

1 '  By  your  votes  I  understand  you  are  going  upon  things 
very  foreign  to  what  I  recommended  to  you :  I  will  receive 
nothing  from  you  at  this  critical  juncture,  but  what  relates 
to  the  message  I  last  sent  you,  viz.  By  all  means,  immedi- 
ately to  take  the  preservation  of  your  frontiers,  and  the 
fidelity  of  the  Indians  into  consideration.  The  loss  of  a 
day  may  have  fatal  consequences;  when  that  is  over,  you 
may  have  time  enough  to  go  upon  any  other  matters." 

The  next  day  the  Assembly,  with  the  door  locked  and 
the  key  on  the  table,  adopted  the  following  resolutions : 

11  That  it  is  the  undoubted  right  and  privilege  of  this 
House,  to  proceed  upon  all  such  matters  as  are  proper 
subjects  for  their  consideration,  in  such  order,  method,  and 
manner,  as  to  them  shall  seem  most  convenient  and  con- 
ducive to  the  interest  and  welfare  of  the  people  they  repre- 
sent. 

That  any  attempt  to  direct  or  prescribe  to  this  House, 
the  order,  method,  or  manner  in  which  they  are  to  proceed 
in  their  considerations  on  the  public  affairs  of  the  colony, 
is  a  manifest  breach  of  the  undoubted  rights  and  privileges 
of  this  House,,  and  of  the  people  they  represent. 

That  his  Excellency's  declaring  that  he  will  receive  noth- 
ing from  this  House  at  this  time  but  what  relates  to  his 
message  of  the  6th  inst.,  is  irregular  and  unprecedented, 
and  manifestly  tends  to  the  subversion  of  the  rights,  liber- 
ties and  privileges  of  this  House,  and  of  the  people  they 
represent. 

That  whoever  advised  his  Excellency  to  send  this  mes- 
sage, has  attempted  to  undermine  and  infringe  the  rights 
and  privileges  of  this  House;  to  violate  the  liberties  of  the 
people;  to  subvert  the  constitution  of  this  colony;  and  is 
an  enemy  to  the  inhabitants  thereof." 

October  9.  The  Assembly  presented  to  the  Governor  a 
long  remonstrance,  setting  forth  in  detail  various  circum- 
stances relating  to  the  condition  of  the  colony,  and  which 
it  was  believed  demanded  immediate  attention,  reciting 
among  other  things  that  the  colony  had  been  put  to  the 


GEOKGE  CLINTON,  1747.  423 

expense  of  near  seventy  thousand  pounds  since  the  begin- 
ning of  the  French  war.  The  committee  who  waited  on 
the  Governor  with  this  remonstrance  reported  to  the 
Assembly  that  he  would  neither  suffer  them  to  read  it,  nor 
leave  it  with  him. 

October  13.  The  Governor  sent  the  following  communi- 
cation to  the  Assembly : 

"  I  have  the  pleasure  to  perceive  from  the  first  of  your 
resolves  of  the  8th  instant,  communicated  to  me  by  order 
of  your  House,  that  the  scheme  concerted  by  the  Commis- 
sioners of  this  Colony  with  those  of  Massachusetts  Bay  and 
Connecticut,  has  received  so  ready  an  approbation;  since 
it  differs  in  nothing  material  from  the  plan  which  I  told 
you  in  my  speech  of  the  17th  of  October,  last  year,  I  had 
concerted  with  Mr.  Shirley  and  Mr.  Warren  at  that  time; 
but  that  then  the  scheme  which  I  concerted  was  to  be  put 
in  execution  principally  at  the  charge  of  the  Crown; 
whereas  this  must  be  entirely  at  the  charge  of  these  col- 
onies, and  that  the  execution  of  mine  did  not  depend  upon 
so  many  uncertainties  as  this  must  do. 

Before  the  meeting  of  these  Commissioners  I  had  like- 
wise the  pleasure  to  see  that  the  plan  which  I  had  concerted 
for  the  security  of  the  Frontiers  before  I  left  Albany  last 
year,  and  which  was  communicated  to  the  Council  of  this 
Province,  was  so  far  lately  approved  of  by  the  Council, 
that  it  was  unanimously  made  an  instruction  to  the  Com- 
missioners of  this  Province,  to  endeavor  by  all  means  to 
have  one  or  more  forts  built  at  the  Carrying  Place,  at  the 
joint  charge  of  these  colonies,  for  the  security  of  the 
frontiers,  which  is  the  very  same  thing  I  intended  to  have 
done  last  year  at  the  charge  of  the  Crown,  when  the  execu- 
tion of  it  was  so  far  retarded  by  your  Commissioners  with- 
holding the  Provisions,  and  other  disappointments,  that  it 
became  impracticable  in  that  season,  and  the  continuance 
of  the  same  clogs  upon  the  provisions  by  your  acts  has 
rendered  it  impracticable  at  any  time  since. 


424  MESSAGES  FROM  THE  GOVERNOR. 

I  am  at  a  loss  to  conceive  what  can  be  meant  by  the 
following  words  in  your  fourth  resolve,  viz.  *  That  the 
Committee  is  persuaded  that  his  Majesty's  orders  to  his 
Excellency,  with  respect  to  Indian  presents,  are  still  sub- 
sisting;' if  you  mean  that  I  have  not  fully  executed  his 
Majesty's  orders,  but  that  something  still  remains  to  be 
done,  or  that  his  Majesty  has  not  determined  his  orders, 
I  must  ask  you  who  persuaded  you  to  think  so?  What 
evidence  have  you  now  before  your  House,  to  persuade  you 
that  either  I  have  not  fully  executed  his  Majesty's  orders, 
or  that  he  has  not  determined  them?  Was  ever  his 
Majesty's  pleasure  communicated  to  any  Assembly  of  this 
Province,  otherwise  than  by  the  Governor?  Can  it  be 
imagined,  that  any  Governor  in  his  senses  would  avowedly 
and  publicly  declare  anything  to  be  his  Majesty's  pleasure, 
which  really  was  not  so,  or  in  the  most  solemn  manner 
refuse  to  do  anything  which  his  Majesty  had  ordered  him 
to  do?  But  to  proceed,  no  man  need  to  be  at  any  loss  to 
perceive  the  view  and  purpose  of  the  following  words  of 
this  Resolve,  viz.  'And  though  by  several  informations  it 
appears  that  his  Excellency  has  the  summer  last  past, 
made  large  draughts  on  the  Crown,  on  the  head  of  Indian 
affairs,  and  no  disposition  thereof  for  that  purpose,  has 
yet  been  heard  of.' 

Now,  Gentlemen,  I  will  venture  to  say  that  notwithstand- 
ing of  your  asserting  this  in  such  strong  terms,  you  know 
that  not  one  word  of  it  is  truth,  for  though  it  may  be  true 
that  I  have  made  large  draughts  on  the  Crown,  yet  this 
could  not  appear  to  you  as  a  House,  by  any  information, 
because  you  in  that  capacity  had  no  information  of  it,  for 
which  I  appeal  to  your  own  minutes,  though  some  of  you 
may  know  something  of  it  as  merchants,  yet  the  far  great- 
est number  of  you  know  nothing  of  it,  but  by  a  blind  faith 
in  their  leaders.  How  can  it  be  said  that  no  disposition  of 
any  money  I  have  received  on  these  draughts  has  been 
heard  of?  This  is  as  bold  a  falsehood  as  ever  came  from 


GEORGE  CLINTON,  1747.  425 

any  body  of  men.  You  assert  that  no  person  has  heard  of 
such  disposition;  it  is  impossible  for  you  to  know  this 
otherwise  than  by  full  proof  before  you  that  none  of  that 
money  was  disposed  of,  or  that  it  still  remains  in  my 
hands;  and  of  this  you  have  not  the  least  appearance  of 
evidence,  while  you  thus  endeavor  to  throw  so  gross  a 
slander  on  your  Governor's  character.  On  the  contrary,  I 
may  ask  whether  there  be  any  person  of  the  least  note  or 
curiosity  in  this  country,  who  has  not  heard  of  several  par- 
ties of  Indians,  sent  out  at  several  times  against  Canada, 
last  summer  and  since,  and  of  no  less  than  600  men  march- 
ing at  one  time,  and  that  very  considerable  numbers  of 
Indians  have  been  from  time  to  time  clothed  and  armed, 
and  constantly  found  with  provisions,  and  that  several  per- 
sons, both  whites  and  Indians,  have  been  sent  among  the 
distant  Nations  with  presents  to  engage  them  in  our  inter- 
est, and  to  bring  their  fighting  men  to  us,  and  messages 
have  been  continually  passing  back  and  forward  on  these 
and  such  like  occasions. 

Let  me  ask  you,  whether  this  Province  has  paid  one 
farthing  of  any  expense  upon  these  occasions?  For  you 
must  know  it ;  and  if  this  Province  did  not,  who  did  pay  all 
this  great  expense?  If  I  did  not,  nay  tell  me  who  was 
capable  of  doing  it  without  making  large  draughts  for  it? 

It  is  well  known  how  difficult  it  was  before  the  treaty  I 
had  last  year  at  Albany,  to  get  a  dozen  or  a  score  of  Indians 
to  go  out  to  scout,  and  what  a  charge  these  small  numbers 
cost;  and  now  Col.  Johnson  engages  to  bring  a  1000  or 
more  together  upon  any  reasonable  notice.  It  appears 
from  Mr.  Johnson's  examination,  taken  before  a  Committee 
of  the  Council,  and  communicated  by  me  to  you,  at  the  time 
my  message  was  sent,  that  the  far  greatest  number  of 
sachems  were  in  the  French  interest ;  and  they  had  received 
belts  from  the  Governor  of  Canada ;  that  since  I  employed 
that  Gentlemen,  in  consequence  of  the  promises  they  had 
made  me,  they  had  given  up  these  belts,  and  were  entered 
heartily  into  the  war  against  Canada;  and  that  many 


426  MESSAGES  FROM  THE  GOVERNOR. 

numerous  Indian  nations,  living  at  so  great  a  distance  from 
us,  whose  names  are  but  lately  known  to  us,  are  now  court- 
ing our  friendship,  and  ready  to  declare  against  the  French. 
Can  any  man  in  his  senses  imagine  that  all  these  things 
could  be  done  without  a  large  expense  of  money?  But, 
Gentlemen,  as  to  whatever  sums  I  received  by  these 
draughts,  I  am  in  no  sense  accountable  to  you,  since  none 
of  it  was  given  by  you,  neither  are  you  judges  of  the  dis- 
position of  it,  nor  if  any  accounts  of  the  disposition  were 
laid  before  you,  can  you  give  a  discharge  or  acquittance 
for  a  single  penny  of  it ;  and  therefore,  you  have  not  any- 
thing to  do  with  it. 

The  making  Peace  and  War,  treating  with  foreign 
Nations,  and  all  the  executive  parts  of  government,  are 
indisputed  parts  of  the  King's  prerogative;  and  at  last 
before  you  conclude  your  resolves,  you  discover  for  what 
purpose  this  vile  slander  is  thrown  upon  your  Governor, 
with  no  less  view  than  to  wrest  his  Majesty's  authority  out 
of  the  hands  of  his  Governor,  and  to  place  it  in  the  hands 
of  the  men  with  whom  you  propose  to  deposit  the  money; 
for  since  nothing  can  be  done  without  money,  then  the 
Governor  cannot  do  anything  with  the  Indians,  but  at  the 
pleasure  of  these  men  with  whom  the  money  is  deposited, 
and  by  that  means  you,  or  rather  a  faction  among  you, 
become  the  Governors  of  both  Governor  and  Indians. 

Your  5th  resolve  shows  how  little  you  consider  the 
danger  of  the  garrison  at  Oswego  at  this  time,  and  the 
difficulties  that  may  attend  the  sending  any  relief,  or  the 
necessary  provisions  thither. 

Your  zeal  for  encouraging  the  Indians,  in  prosecuting 
the  war  against  Canada,  I  am  sorry  to  see  in  what  manner 
it  appears,  by  your  6th  resolve;  when  the  Indians  of  the 
Six  Nations  declared  war  against  the  French  last  year  at 
Albany,  they  made  it  a  condition  that  while  their  young 
men  were  out  fighting  our  battles  for  us,  the  old  men,  women 
and  children,  should  be  taken  care  of  by  us,  and  protected, 


GEORGE  CLINTON,  1747.  427 

and  for  that  purpose  desired  to  have  one  or  two  places 
fortified  at  our  expense  in  each  Nation.  This  in  itself 
appeared  so  reasonable,  that  I  believe' no  man  in  his  senses 
can  think  it  ought  to  have  been  refused;  and  if  I  had  re- 
fused it,  and  thereupon  the  Indians  had  declined  joining  us 
in  the  war,  you  would  not  have  failed  to  blame  me;  what 
regard  you  have  to  the  hoaor  of  this  Government,  and  jus- 
tice to  the  Indians,  appears  from  this  Resolve;  when  to 
show  your  thankfulness  to  the  Indians,  who  have  exposed 
their  lives,  and  are  ready  again  to  expose  their  lives,  in 
defence  of  the  people  of  this  Province,  and  when  they  de- 
sire assistance  from  us,  for  the  safety  of  their  old  men, 
women  and  children,  you,  Gentlemen,  in  effect  say  we  will 
take  no  more  care  of  you  than  those  will  who  live  many 
hundred  miles  from  you,  and  never  received  any  immediate 
defence  from  you ;  and  if  they  will  not,  we  will  not. 

Pray,  Gentlemen,  from  whence  do  you  expect  certain  and 
undoubted  advice  that  the  forces  at  Albany  are  to  be  dis- 
charged from  his  Majesty's  pay?  Did  you,  or  any  Assem- 
bly, receive  any  orders  or  advice  directly  from  his  Majesty 
or  his  Ministers,  or  otherwise  than  from  the  Governor  of 
this  Province1?  The  Forces  at  Albany  are  under  my  com- 
mand only,  and  you  never  will  know  anything  of  his 
Majesty's  pleasure  about  these  forces,  but  from  me,  or 
from  my  successor.  This  resolve  seems  a  very  forced 
introduction  of  a  very  modest  claim  of  the  command  of  the 
army,  under  the  title  of  regulations.  But,  Gentlemen,  I  can 
tell  you  that  while  you  are  thus  in  vain  misspending  the 
tune,  in  making  regulations  of  his  Majesty's  forces,  which 
ought  to  be  employed  in  making  provision  for  the  safety 
of  the  inhabitants  of  this  Province,  you  will  soon  have  none 
of  these  forces  at  Albany  to  make  any  regulations  about 
them,  if  you  do  not  accept  of  them  under  such  regulations 
as  his  Majesty  thinks  proper;  and  this  you  can  only  know 
from  me,  and  you  must  accept  of  them  on  the  footing  I  pro- 
posed, or  not  accept  of  them  at  all.  His  Majesty  will  not 


428  MESSAGES  FROM  THE  GOVERNOR. 

part  with  the  least  branch  of  his  prerogative  relating  to 
Military  Affairs;  nor  dare  I,  nor  will  I,  give  up  the  least 
branch  of  it  on  any  consideration,  however  desirous  you 
may  be  to  share  in  it,  or  to  have  the  whole  command. 

And  to  put  this  your  claim  of  the  command  of  the  army 
out  of  dispute,  you  send  your  orders  next  to  me,  relating  to 
the  Fort  at  Saraghtoga;  and  this  you  do  at  a  time  when 
some  of  you  at  least  know  that  though  I  heartily  inclined  to 
do  all  that  you  now  desire  of  me,  it  is  at  this  time  imprac- 
ticable. 

The  design  of  these  resolves  will  too  evidently  appear 
to  all  considerate  men  to  be  no  other  than  by  raising  a  most 
unreasonable  clamour  against  me,  for  what  was  not  in  my 
power  to  prevent;  to  throw  an  unjust  odium  on  my  admin- 
istration, when  at  the  same  time  what  may  have  happened 
is  principally  occasioned  by  the  unreasonable  opposition 
you  have  made  to  all  reasonable  measures  which  were  con- 
certed to  prevent  it. 

You  have  not  by  the  constitution  of  the  government  any 
share  in  the  execution  of  military  orders ;  you  are  not  from 
the  nature  of  things,  capable  of  judging  of  these  matters, 
because  you  cannot  pretend  to  that  knowledge  or  skill, 
that  is  necessary  for  this  service;  neither  can  you  have 
sufficient  information  to  know  what  is  proper  on  the  sev- 
eral events  which  may  arise  every  day  in  military  affairs. 

I  formerly  told  you  that  the  frontiers  of  this  Province 
could  not  be  secured  by  that  fort,  so  as  in  any  manner  to 
prevent  the  incursions  of  the  enemy;  and  in  this,  I  have 
the  unanimous  consent  of  all  who  are  capable  of  judging, 
and  who  have  sufficient  information  to  judge ;  and  what  has 
happened  to  that  fort,  I  forewarned  you  of  in  my  former 
messages,  was  likely  to  happen,  unless  you  gave  me  proper 
assistance  to  preserve  it ;  which  you  have  not  done ;  It  has 
occasioned  a  heavy  expense  to  the  Crown,  in  the  reliefs 
that  became  too  frequently  necessary;  nothing  has  caused 
so  much  dissatisfaction  among  the  soldiers,  as  their  being 


GEORGE  CLINTON,  1747.  429 

sent  to  that  garrison;  and  more  lives  have  been  lost  by  its 
disadvantageous  situation,  than  by  any  other  cause  since  the 
commencement  of  the  war.  It  was  at  first  placed  there  by 
commissioners  recommended  to  me  by  the  Council,  as  the 
properest  persons  to  be  intrusted;  who,  as  has  been 
since  discovered,  had  not  the  public  benefit  in  view,  but  to 
preserve  some  quantities  of  wheat,  their  own  property,  and 
then  growing. 

No  reason  can  be  assigned  for  continuing  a  garrison  in 
that  place,  but  as  it  is  a  step  towards  Canada,  in  case  the 
expedition  had  gone  on  this  summer,  and  because  some  of 
the  warlike  stores  for  that  expedition  were  lodged  there, 
and  that  the  withdrawing  an  advanced  post  might  give  dis- 
couragement to  the  Indians  our  Friends ;  but  when  it  could 
not  be  longer  maintained  without  hazarding  a  total  dissolu- 
tion of  the  forces  at  Albany,  and  the  loss  of  the  cannon  and 
stores  lodged  there,  it  became  absolutely  necessary  to  with- 
draw the  cannon  and  stores,  and  to  prevent  the  enemy's 
taking  an  advantage  of  these  misfortunes,  and  which  were 
in  a  great  measure  occasioned  by  your  behavior,  in  opposi- 
tion to  the  measures  I  had  taken,  and  represented  to  you  as 
necessary  for  securing  that  post.  I  must  leave  it  to  his 
Majesty's  ministers  to  judge  whether  I  have  not  done  every 
thing  incumbent  on  me,  or  in  my  power,  on  this  occasion; 
and  to  judge  whether  you  have  done  your  duty  for  his 
Majesty's  service,  and  the  safety  of  the  people  whom  you 
represent. 

Finding  by  the  minutes  of  your  proceedings  since  the 
last  prorogation,  that  you  were  going  upon  numerous  mat- 
ters and  bills,  some  of  them  of  small  weight  and  conse- 
quence at  this  time,  when  I  think  the  Province  to  be  in  the 
greatest  danger;  and  when  I  thought  all  things  ought  to  be 
postponed  to  the  consideration  of  the  subject  matter  of  the 
message  I  sent  you  the  first  day  of  your  meeting,  for  secur- 
ing the  frontiers,  and  the  lives  and  estates  of  the  inhabi- 
tants of  this  Province;  I  sent  the  message  the  8th  of  this 


430  MESSAGES  FROM  THE  GOVERNOR. 

month,  to  incite  you  to  proceed  on  the  subject  matter  of 
that  first  message,  without  delay;  and  for  that  purpose,  I 
told  you,  that  I  would  receive  nothing  from  you  on  any 
other  subject,  till  I  should  know  your  resolutions  as  to  the 
securing  the  frontiers,  and  the  safety  of  the  Province,  after 
which  you  may  have  time  enough  to  consider  anything  else 
which  you  may  think  proper. 

The  next  day  after  you  received  this  message  you 
ordered  the  doors  to  be  locked  and  the  key  to  be  laid  on  the 
table:  For  what  purpose  was  this  farce  acted  on  this 
occasion!  Was  there  any  appearance  of  any  person  with- 
out doors,  attempting  to  break  in  upon  you?  Or,  did  any 
of  your  own  members  seem  willing  to  run  away?  I  am 
well  assured  that  was  not  the  case !  Was  it  then  to  assume 
a  power  to  shut  me  out,  that  I  might  not  have  access  to 
you  by  message,  or  otherwise?  If  so,  the  doing  of  it  is  a 
high  insult  on  his  Majesty's  authority,  and  a  withdrawing 
of  your  allegiance  for  that  time. 

But,  Gentlemen,  wherein  by  this  message  did  I  encroach 
upon  your  undoubted  rights  and  privileges?  I  told  you 
what  I  would  do,  or  not  do,  myself;  that  is,  I  would  receive 
nothing  from  you  till  I  knew  your  resolutions  for  securing 
the  Province.  I  imposed  nothing  on  you  but  that  message ; 
have  not  I  liberty  to  act,  as  well  as  you?  And  may  I  not 
complain  of  any  encroachment  upon  my  liberty  and  author- 
ity, as  well  as  any  other  subject  or  officer  of  the  King? 

Consider,  Gentlemen,  by  what  authority  you  sit,  and  act 
as  the  General  Assembly  of  this  Province !  I  know  of  none 
but  by  the  authority  of  the  King's  Commission  and  in- 
structions to  me,  which  are  alterable  at  his  Majesty's 
pleasure.  You  seem  to  place  it  upon  the  same  foundation 
with  the  House  of  Commons  of  Great  Britain ;  and  if  I  mis- 
take not,  you,  by  the  resolves  of  the  9th  of  this  month,  as- 
sume all  the  privileges  and  rights  of  the  House  of  Com- 
mons of  Great  Britain;  if  so,  you  assume  a  right  to  be  a 
branch  of  the  Legislature  of  the  Kingdom,  and  deny  your 


GEORGE  CLINTON,  1747.  431 

dependence  and  subjection  on  the  Crown  and  Parliament. 
If  you  have  not  the  rights  of  the  House  of  Commons  of 
Great  Britain,  then  the  giver  of  the  authority  by  which  you 
act,  has  or  can  put  bounds  and  limitations  upon  your  rights 
and  privileges,  and  alter  them  at  pleasure ;  and  has  a  power 
to  restrain  you  when  you  endeavor  to  transgress ;  and  I  must 
now  tell  you,  that  I  have  his  Majesty's  express  commands, 
not  to  suffer  you  to  bring  some  matters  into  your  House, 
or  to  debate  upon  them ;  and  for  that  reason,  the  custom  has 
been  long  established  of  the  Clerk  of  your  House  to  show 
every  day  to  the  Governor  the  minutes  of  the  proceedings 
of  your  House ;  and  it  is  an  undutiful  behavior  to  keep  any- 
thing secret  from  me  that  is  under  your  consideration. 

In  short,  Gentlemen,  I  must  likewise  tell  you,  that  every 
branch  of  the  Legislature  of  this  Province,  and  all  of  them 
together,  may  be  criminal  in  the  eye  of  the  law;  and  there 
is  a  power  able  to  punish  you,  and  that  will  punish  you,  if 
you  provoke  that  power  to  do  it  by  your  misbehavior, 
otherwise  you  must  think  yourselves  independent  of  the 
Crown  of  Great  Britain.  But  before  I  conclude  on  the 
head  of  these  extraordinary  resolves,  I  cannot  but  take 
notice  of  that  unmannerly  method  taken  up  by  you  mem- 
bers of  the  present  Assembly,  of  ordering  me  to  be  served 
from  time  to  time  with  copies  of  your  resolutions.  This 
is  a  method  no  way  warranted  by  any  practice  in  parlia- 
ment, (whose  practice  you  think  ought  to  be  the  rule  of 
your  conduct)  it  is  highly  disrespectful  to  that  author- 
ity which  his  Majesty  has  placed  in  me,  and  is  an  assuming 
in  some  sense  an  authority  over  me,  and  a  direction  of  my 
conduct.  For  what  purpose  else  can  this  be  done,  since 
without  this,  by  a  practice  established  ever  since  the  Gen- 
eral Assembly  sat  in  this  Province,  the  proceedings  thereof 
are  daily  communicated  to  the  Governor;  and  in  pursuance 
of  his  Majesty's  commands,  all  your  proceedings  ought  to 
be  communicated,  that  the  Governor  may  put  a  stop  to 
them,  when  they  become  disorderly  or  undutiful  to  his  Maj- 
esty, or  perhaps  criminal. 


432  MESSAGES  FROM  THE  GOVERNOB. 

This  leads  me  to  consider  a  most  indiscreet  behavior  of 
some  of  the  members  of  your  House,  who  in  a  quarter  of 
an  hour  after  I  was  served  with  the  copy  of  your  said  re- 
solves of  the  9th  instant,  came  into  an  apartment  of  my 
House  where  I  was  busy,  and  without  the  least  previous 
notice  one  of  them  offered  to  read  a  large  bundle  of  papers, 
which  he  said  was  a  remonstrance  from  the  House.  Does 
every  private  man  in  this  country  think  his  own  House  his 
Castle?  And  must  your  Governor,  when  in  his  private 
apartment,  be  thus  intruded  upon?  Would  any  private  man 
bear  such  behavior  in  a  stranger?  And  must  your  Gov- 
ernor bear  it  with  patience?  I  think  therefore  from  such 
behavior,  without  any  other,  I  had  too  much  reason  to 
refuse  to  receive  it,  or  to  suffer  it  to  be  left  with  me  and 
from  some  past  representations  which  have  been  openly 
made  by  your  House,  I  never  will  hereafter  receive  any- 
thing from  your  House  in  public,  the  contents  of  which  is 
not  previously  communicated  to  me  in  private,  that  I  may 
judge  whether  it  be  necessary  for  his  Majesty's  service 
and  public  good  to  give  access  to  me  for  that  purpose. 

GENTLEMEN. — I  must  likewise  on  this  occasion  observe 
to  you  that  at  the  opening  of  the  present  session  you  did 
not  as  usual  acquaint  me  with  your  being  a  House,  in  order 
to  receive  from  me  what  I  should  think  necessary  for  your 
consideration  at  this  time;  and  as  I  believe  that  you  can- 
not give  any  instance  where  this  has  been  omitted  by  any 
General  Assembly  of  this  Province,  before  this  time,  I  must 
think  that  this  omission  was  with  design.  Before  I  had  any 
opportunity  of  speaking  or  sending  any  message  to  you, 
you  entered  into  several  resolves,  viz. 

You  resolve  to  take  the  State  of  the  Province,  and  of  the 
Frontiers  into  your  consideration;  but  without  doing  this, 
or  receiving  any  information  of  the  State  of  the  Province 
or  of  the  Frontiers  being  laid  before  you. 


GEORGE  CLINTON,  1747.  433 

That  the  late  and  frequent  adjournments  and  proroga- 
tions I  had  made  of  the  Assembly,  have  occasioned  inter- 
ruptions in  providing  for  the  defence  and  security  of  the 
frontiers.  Now,  Gentlemen,  is  not  this  an  encroachment 
upon  the  King's  authority  in  my  hands,  and  taking  upon 
yourselves  a  superiority  over,  and  controlling  power  of 
that  authority,  without  acquainting  me  with  any  reasons 
you  had  for  taking  the  state  of  the  Province  into  your  con- 
sideration? 

In  the  same  breath  you  resolve  to  make  a  remonstrance 
upon  the  state  and  condition  of  the  colony,  and  without  re- 
solving what  shall  be  the  subject  matter  of  that  remon- 
strance, you  order  a  committee  to  draw  it  up ;  the  committee 
in  a  very  little  time  bring  in  their  remonstrance  into  the 
House;  and  it  will  beyond  contradiction  appear  from  the 
minutes  of  the  proceedings  of  your  House,  the  time  when 
you  met,  and  the  time  when  the  committee  brought  it  to  my 
House,  that  there  was  scarcely  time  to  read  it  hastily  over, 
and  that  it  was  impossible  for  your  House  to  form  any  ra- 
tional judgment  on  what  the  Committee  had  done.  Is  this 
acting  like  rational  men?  Is  this  following  precedents  of 
the  Parliament  of  Great  Britain,  which  you  pretend  so 
much  to  imitate?  No,  I'll  defy  any  man  to  give  any  prece- 
dent of  this  nature,  unless  it  was  in  that  House  of  Commons 
that  had  resolved  to  take  away  the  King's  life,  and  to  over- 
turn the  established  government.  Nay,  I'll  defy  any  man 
to  show  that  the  Council  or  General  Assembly  of  any  na- 
tion, ever  acted  in  this  manner,  but  where  a  faction  had 
resolved  to  usurp  the  whole  authority  and  power  over  that 
nation. 

I  had  reasons  why  I  should  not  then  take  notice  of  those 
insolent  representations,  as  would  have  become  me;  but 
now  that,  those  reasons  are  removed,  and  on  this  occasion, 
when  I  have  reason  to  believe  the  like  insolence  was  in- 
tended, I  must  tell  you  that  you  therein  not  only  forgot  all 
kind  of  decency  or  respect  to  the  authority  which  his  Maj- 
28  " 


434  MESSAGES  FROM  THE  Go  VEEN  OK. 

esty  has  been  pleased  to  intrust  me  with  over  this  Province, 
(not  to  mention  the  regard  which  every  man  of  any  toler- 
able manners  must  think  due  to  the  family  where  I  had  my 
birth)  but  you  thereby  endeavored  to  make  me  lose  all 
esteem  among  the  people,  and  to  render  it  as  far  as  in  your 
power,  impracticable  to  do  that  service  which  is  required  of 
me  in  opposing  the  enemy.  I  further  say  that  without  any 
regard  to  truth  you  therein  boldly  asserted  several  things 
which,  from  the  minutes  of  your  proceedings,  can  be  proved 
that  you  know  to  be  false;  and,  in  order  to  excuse  your- 
selves with  the  people,  for  denying  me  the  necessary  sup- 
plies for  carrying  on  the  war  against  the  enemy,  and  for 
defence  of  this  Province,  you  endeavor  to  infuse  into  the 
minds  of  the  people,  that  I  converted  the  public  money  to 
my  private  use;  but  what  little  pretence  you  had  for  this 
imprudent  assertion,  may  appear  to  strangers  as  well  as 
to  those  better  acquainted  with  the  affairs  of  this  Govern- 
ment, when  it  is  made  known  to  them,  that  all  the  public 
money  of  this  Province,  that  came  in  any  manner  into  my 
hands,  in  four  years  since  my  arrival  in  this  place,  to  be 
disposed  of  by  me  for  his  Majesty's  service,  or  the  service 
of  this  Province,  did  not  in  the  whole  amount  to  little  more 
than  one  thousand  eight  hundred  pounds  this  currency,  for 
the  use  of  the  Five  Nations  of  Indians,  and  other  Indians 
tributary  to  them,  when  I  met  them  at  Albany,  and  who 
were  more  numerous  there  than  on  such  usual  occasions  of 
meeting  them. 

Now,  let  any  man  but  consider  what  the  Province  could 
suffer  by  the  most  sinister  management  of  these  occasions, 
when  the  Indians  were  maintained  out  of  that  money  all  the 
time  they  were  at  Albany,  public  presents  were  given  to 
all  the  nations  then  there,  and  private  presents,  as  is  well 
known,  were  likewise  made  out  of  it,  to  the  sachems  of 
every  Nation,  and  a  considerable  one  to  the  Senekas  for 
their  claim  to  Oswego,  which  had  been  promised  them  by 
my  predecessors,  but  never  performed;  and  the  Indians 


GEORGE  CLINTON,  1747.  435 

were  out  of  the  same  money,  transported  in  wagons  from 
Schenectady,  16  miles,  to  Albany,  and  from  Albany  back 
again  to  Schenectady,  with  provisions  for  their  journey. 
Now  suppose  what  you  please  to  have  been  saved  by  the 
most  sinister  means ;  nay,  suppose  that  all  the  money  which 
came  into  my  hands  had  been  converted  to  my  private  use, 
could  this  justify  your  proceeding,  which  by  your  commis- 
sioners withholding  the  provisions  for  the  forces,  and  your 
justifying  them  in  so  doing,  and  refusing  the  other  neces- 
sary supplies,  you  did  as  much  as  in  your  power,  prevent 
my  doing  that  service  which  I  concerted,  determined,  and 
was  about  to  have  done,  for  annoyance  of  the  enemy,  and 
protection  of  the  people  of  this  Province ;  I  say,  supposing 
what  you  insinuated  had  been  true,  this  never  could  have 
justified  you  in  your  past  and  present  conduct ;  but  I  assert 
your  insinuations  are  false,  and  which  I  shall  make  appear 
whenever  that  point  shall  properly  come  in  question.  Had 
the  saving  of  the  Country's  money  been  truly  the  design, 
you  would  have  in  the  first  place  privately  acquainted  me 
with  any  information  you  had  on  that  head,  and  if  I  could 
not  have  satisfied  you,  you  might  have  applied  in  some 
manner  to  the  King  for  redress,  which  would  have  shown 
at  the  same  time,  the  regard  you  had  for  his  authority,  in 
the  character  of  his  Governor.  But  to  put  it  out  of  ques- 
tion that  the  saving  of  money  to  the  people  you  represent 
was  no  part  of  your  view,  I  need  only  observe  that  since  I 
had  the  administration  of.  this  government,  above  sixty 
thousand  pounds  has  been  put  into  the  hands  of  Commis- 
sioners named  by  you,  and  none  of  them  have  been  to  my 
knowledge  called  to  account  by  you  to  this  day ;  is  it  because 
all  men  in  this  Province,  excepting  your  Governor,  are  in- 
capable of  turning  any  part  of  the  public  money  to  their 
private  use,  or  because  all  of  them  were  either  of  your  own 
number  or  near  relations  to  some  of  you,  or  in  special 
friendship  with  the  leading  men  among  you? 


436  MESSAGES  FROM  THE  GOVEBNOR. 

But  the  spirit  of  those  representations,  become  still  more 
evident,  by  the  malice  which  appears  in  them,  against  those, 
who  in  any  manner  endeavored  to  support  me  in  my  ad- 
ministration, when  you  took  upon  you  to  judge  of  their 
hearts,  without  assigning  one  single  act,  to  support  the 
heavy  calumnies  you  endeavored  to  throw  upon  them,  and 
that  in  a  manner,  that  every  man  who  has  the  least  sense  of 
honor,  would  be  ashamed  of  in  private  life,  but  much  more 
unbecoming  the  character  of  the  representatives  of  a  peo- 
ple who  have  any  sense  of  moral  honesty.  But  this  will  be 
so  far  from  doing  an  injury  to  these  persons'  characters, 
that  you  establish  their  good  character  when,  after  you 
show  so  great  an  inclination  to  discover  faults  and  blem- 
ishes, you  have  not  been  able  to  point  out  one. 

I  must,  before  I  leave  this  subject,  take  notice  of  your 
refusing  to  supply  the  Independent  Companies  of  the 
King's  troops  with  provisions  who  are  posted  at  Albany 
in  your  defence;  it  is  well  known  that  these  troops  cannot 
at  this  time  subsist  there  on  their  pay,  as  they  have  no 
means  of  supporting  themselves  otherwise  when  from  duty, 
or  if  they  could  support  themselves,  is  it  reasonable  to 
think  they  could  be  satisfied  to  serve  for  pay  alone,  when 
the  new  levies  in  their  sight,  have  as  good  pay  and  pro- 
visions; besides,  this  refusal  can  have  no  other  tendency 
but  that  of  the  dissolution  of  those  troops,  and  for  what- 
ever reasons  you  may  desire  this,  it  is  my  duty  to  prevent 
it,  and  therefore,  if  these  troops  be  not  there  furnished 
with  provisions  by  you,  I  must  withdraw  them  all  into  some 
other  parts  of  the  Province  where  they  can  subsist. 

Now,  Gentlemen,  reflect  from  whence  this  so  long  con- 
tinued, unbecoming  conduct  to  your  King  and  Country  can 
arise;  it  seems  to  me  that  it  can  arise  from  no  other  but 
one  or  more  of  the  following  motives : 

A  firm  principle  of  disloyalty,  that  you  would  endeavor 
by  all  means  in  your  power,  to  deliver  up  the  country  to  the 
King's  enemies;  or 


GEOKGE  CLINTON,  1747.  437 

In  favor  of  that  shameful  neutrality,  which  it  is  gener- 
ally believed  some  in  this  Province  have  endeavored  to 
establish  between  this  Province  and /Canada  at  this  time, 
such  as  was  established  in  the  war  in  Queen  Anne's  reign, 
by  which  the  French  in  Canada  gained  great  advantages 
over  the  neighboring  colonies,  to  the  prejudice  of  the  com- 
mon interest  of  the  nation. 

A  design  to  overturn  the  present  constitution  of  the  Gov- 
ernment, by  thus  throwing  the  administration  into  con- 
fusion, or, 

Lastly,  to  satisfy  the  pride  and  private  malice  and  ran- 
cour of  a  few  men,  at  the  hazard  of  the  lives  and  estates  of 
your  constituents;  that  such  there  are  in  this  .country  is  no 
secret,  nor  what  share  they  have  in  your  private  consulta- 
tions. 

Gentlemen ;  I  have  again  and  again,  when  you  had  fallen 
into  unreasonable  heats  and  passions,  so  as  to  break  out 
into  indecent  expressions  and  undutiful  behavior,  ad- 
journed or  prorogued  your  House,  that  you  might  have  time 
to  cool,  and  to  give  you  what  example  I  could,  in  preventing 
the  renewal  of  any  past  differences ;  you  cannot  find  one  in- 
stance, wherein  at  the  opening  of  any  session,  I  seemed  to 
have  any  remembrance  of  any  differences  which  had  ap- 
peared in  the  preceding  sessions;  your  behavior  has  been 
quite  otherwise;  you  omitted  no  opportunity  to  renew 
differences,  often  to  lug  them  in  head  and  shoulders;  this 
among  many  other  things,  will  evidently  show  whether  you 
or  I  have  had  the  safety  of  the  people  of  this  Province  most 
at  heart  in  this  time  of  danger.  And  now,  Gentlemen,  when 
you  have  reason  to  expect  a  proper  resentment  from  me, 
I  will  disappoint  you  once  more:  all  these  aspersions  you 
have  endeavored  to  throw  on  me  cannot  hurt  my  char- 
acter with  those  whose  esteem  I  value;  and  you  are  not 
capable  of  making  a  proper  reparation  for  the  injuries 
you  have  attempted  to  do. 


438  MESSAGES  FROM  THE  GOVERNOR. 

And  therefore,  I  shall  again  recommend  to  you  to  make 
the  necessary  supplies  for  the  security  of  the  Frontiers, 
and  for  preserving  the  fidelity  of  the  Indians,  and  their  en- 
couragement in  prosecuting  the  war  against  the  French, 
as  I  did  by  my  message  at  the  opening  of  this  session,  and 
that  you  dispatch  this  affair  without  delay,  by  not  intermix- 
ing any  other  business  that  can  be  as  well  done  afterwards 
as  now,  till  all  that  is  necessary  be  completed,  by  these  bills 
being  passed  your  House;  because  no  man  can  tell  what 
inconveniences  may  arise,  or  what  mischiefs  may  happen 
every  day  to  the  inhabitants  on  the  frontiers. 

I  am  well  assured  that  the  Governor  of  Canada  has  too 
good  information  of  what  passed  in  this  Province;  these 
open  and  public  differences  among  ourselves  may  encour- 
age him  to  make  attempts  which  otherwise  he  never  would 
have  thought  of. 

And  that  I  may  as  much  as  in  my  power  prevent  any 
delay  which  may  arise  from  misunderstanding  or  other- 
wise, I  now  tell  you  that  I  will  not  give  my  assent  to  any 
bill  in  which  the  issuing  or  disposition  of  the  public  money 
is  directed  otherwise  than  as  his  Majesty's  commission 
and  instructions  to  me  direct,  or  which  shall  lay  any  limita- 
tions or  clogs  on  his  Majesty's  authority  with  respect  to- the 
disposition  or  command  of  the  forces,  or  which  in  any  sense 
may  lessen  his  Majesty's  authority  in  my  hands  with  res- 
pect to  military  affairs. 

If  you  make  anything  contrary  to  his  Majesty's  commis- 
sion or  instructions  a  condition  of  your  granting  the  neces- 
sary supplies  for  the  safety  of  the  people  of  this  Province, 
I  now  tell  you  that  it  will  be  trifling  with  the  lives  and  es- 
tates of  your  constituents,  by  exposing  them  in  this  time  of 
danger  without  relief;  for  I  never  will  yield  to  it.  The  ill 
effects  of  the  condescensions  of  the  Governors  of  this  Pro- 
vince are  now  too  sensibly  felt  to  continue  anything  of  that 
method;  but  at  the  same  time  none  of  you  shall  be  more 
desirous  than  I  am  that  the  public  money  be  disposed  of  in 


GEORGE  CLINTON,  1747.  439 

the  most  proper  and  frugal  manner,  and  that  you  be  fully 
satisfied  by  all  reasonable  methods  consistent  with  that 
constitution  of  Government  which  his  Majesty  has  estab- 
lished in  this  Province,  that  it  has  been  applied  to  the  uses 
for  which  it  is  granted. 

G.  CLINTON." 

October  14.  Acknowledging  a  communication  from  the 
Assembly  in  relation  to  the  state  and  condition  of  the  forts 
and  garrisons  of  Saratoga  and  Oswego,  and  in  relation  to 
the  forces  at  Albany,  the  Governor  said  he  had  not  yet 
received  any  advices  from  Mr.  Shirley  or  Mr.  Knowles  re- 
lating to  such  forces,  and  that  he  would  consider  other 
parts  of  the  message. 

October  16.  The  Governor  sent  to  the  Assembly  the  fol- 
lowing memorandum  relating  to  the  conduct  of  the  war: 

"  Some  things  necessary  to  be  provided!  for  by  the 
Assembly  of  the  Province  of  New  York,  for  the  welfare 
and  protection  of  the  said  Province,  and  now  recommended 
to  them,  by  his  Excellency  the  Governor, 

50  Rangers,  at  2s.  6d.  per  day, 
and  provisions  for  182  days. 

1  Captain,  at  6s.  per  day,  and 
provisions  for  182  days. 

1  Lieutenant,  at  4s.  per  day,  and 
provisions  for  182  days. 

At  Albany,  The  same 

At  Schenectady,  The  same 

At  Skohary,  "| 

Canajoharie  and  the    >•  The  same 
Mohawks  Country,      J 

Besides  50  Indians  to  be  continually  employed  upon  the 
scout,  who  are  to  be  relieved  by  short  intervals  by  50  other 
Indians. 

A  smith  to  each  Indian  Nation,  with  two  men  to  attend 
each  Smith. 


At  Kinderhook 


440  MESSAGES  FBOM  THE  GOVERNOR. 

Besides  the  above  charges,  it  is  my  opinion,  for  the  next 
six  months  twelve  hundred  pounds  may  be  sufficient  for 
preserving  and  cultivating  the  friendship  of  the  Indians, 
as  I  have  been  at  a  very  considerable  expense  on  behalf  of 
the  Crown  to  promote  that  end  these  twelve  months  past, 
by  engaging  them  in  the  War,  and  maintaining  them  ready 
and  fit  for  service  all  that  time. 

The  charges  of  sending  expresses  with  my  orders  to  the 
militia  colonels,  and  the  charge  for  the  respective  colonels 
for  sending  their  orders  to  the  officers  under  their  com- 
mand, besides  other  contingencies,  which  in  time  of  war 
must  be  considerable  and  unavoidable. 

I  find  that  provisions  for  maintaining  the  double  garrison 
at  Oswego  'has  been  neglected,  which  I  recommended  to  be 
immediately  provided  for,  together  with  the  expenses  for 
sending  reliefs  to  Oswego,  at  any  time  it  shall  be  thought 
necessary. 

Provisions  for  so  many  of  the  Independent  Companies 
as  shall  remain  at  Albany  or  on  the  frontiers. 

As  I  conceive  that  the  charges  of  1009  men  on  the  front- 
iers, which  is  thought  expedient  for  the  defence  thereof, 
and  other  expenses  necessary  for  the  preserving  the  friend- 
ship of  the  Indians,  may  be  heavy  on  the  people  of  this 
Province  if  continued  on  them,  without  the  assistance  of 
the  other  colonies,  I  propose  that  this  expense  be  now  pro- 
vided for  three  months,  in  which  time  I  shall  use  my  en- 
deavors witb  all  the  governments  to  the  southward,  as 
far  as  Carolina,  to  join  in  taking  a  share  of  this  expense; 
and  then  at  the  expiration  of  that  term,  the  Assembly  may 
meet  again  to  know  the  result  of  my  endeavors,  and  to  con- 
sider what  may  be  further  necessary  to  be  done. 

G.  CLINTON." 

At  the  same  time  the  Governor  sent  to  the  Assembly  a 
certificate  of  Col.  William  Johnson  in  relation  to  several 


GEORGE  CLINTON,  1747.  441 

French  prisoners  and  scalps  taken  by  parties  sent  out  by 
him. 

October  19.  The  Governor  sent  to  the  Assembly  the  fol- 
lowing message,  which  was  also  sent  to  the  Council  on  the 
21st: 

"In  obedience  to  his  Majesty's  commands,  I  am  to 
inform  you  that  his  Majesty  has  for  the  present  laid  aside 
the  expedition  intended  against  Canada,  and  has  ordered 
the  forces  levied  in  America  for  that  expedition  to  be  dis- 
charged, except  so  many  of  them  as  it  shall  be  thought 
requisite  to  retain  for  the  defence  of  Nova  Scotia.  I  am 
further  directed  to  recommend  it  to  you  to  furnish  such 
sums  of  money,  or  credit,  as  may  be  wanted  to  pay  the 
Forces  levied  in  this  Province  for  that  expedition,  till  it 
be  provided  for  by  Parliament;  for  which  purpose,  ac- 
counts of  the  whole  expense  incurred  on  account  of  the 
American  troops  from  the  time  of  their  being  levied  to  the 
time  of  their  discharge,  is  to  be  transmitted  to  his  Grace 
the  Duke  of  Newcastle. 

His  Majesty  hopes  you  will  comply  with  this  demand 
without  difficulty;  and  I  may  add,  that  as  I  have  paid  the 
private  men  to  the  24th  day  of  June  last,  and  two  months 
pay  to  the  subalterns,  the  demand  on  this  Province  will  be 
so  much  lessened  at  the  time  of  their  dismission.  The  like 
demand  is  to  be  made  on  the  other  colonies  who  levied 
troops  for  the  same  service. 

On  this  occasion,  I  shall  renew  the  proposal  I  formerly 
made  you  of  retaining  what  number  of  the  levies  now  at 
Albany  you  shall  be  willing  to  pay  for  the  present  defence 
of  the  frontiers  of  this  Province;  by  which  likewise  the 
charge  of  raising  new  levies,  in  pursuance  of  the  agreement 
entered  into  with  the  Colonies  of  Massachusetts  Bay  and 
Connecticut,  may  be  lessened.5 


5  This  suggestion  was  included  in  an  act,  chap.  853,  passed  November  25th, 
providing  for  the  equipment  and  subsistence  of  eight  companies  for  frontier 
service. 


442  MESSAGES  FEOM  THE  GOVERNOR. 

As  it  is  become  necessary  that  I  know  your  resolutions 
on  these  heads  without  delay,  and  to  prevent  the  proposing 
conditions  which  may  occasion  delay,  whatever  of  these 
forces  are  to  be  retained  must  be  retained  on  the  same  pay, 
both  as  to  officers  and  private  men,  on  which  they  entered 
into  his  Majesty's  service;  and  that  in  case  you  do  not 
retain  all  that  are  now  remaining  at  Albany  after  they  shall 
be  reduced  into  complete  companies  of  one  hundred  men 
each,  as  I  formerly  proposed  to  you,  the  choice  of  such  as 
I  shall  think  most  proper  for  the  service  must  be  left  to 
me.  After  I  shall  know  your  resolutions  to  comply  with 
the  whole,  or  any  part  of  what  I  now  propose,  estimates  of 
the  sums  requisite  shall  be  laid  before  you.  I  must  again 
repeat  that  his  Majesty's  service  requires  that  I  know  your 
resolutions  without  delay;  an  express  which  came  from 
Boston  being  detained  for  that  purpose. 

G.  CLINTON." 

The  Assembly  adopted  a  resolution  to  provide  for  the 
retention  and  subsistence  of  eight  companies  on  the  fron- 
tier, but  on  account  of  the  impoverished  condition  of  the 
colony,  thought  that  no  appropriation  should  be  made  to 
pay  the  forces  levied  in  this  colony  on  the  expedition 
against  Canada,  until  it  be  provided  for  by  Parliament. 

October  26.  Kecommending  an  appropriation  to  pay  the 
troops  on  the  frontiers. 

November  2.  The  Assembly  having  expressed  its  unwill- 
ingness to  comply  with  the  Governor's  request,  he  sent  the 
following  communication : 

"In  the  minutes  of  the  proceedings  of  your  House  on 
Saturday  last,  communicated  to  me,  as  usual,  by  the  Clerk, 
I  find  the  following  resolve, 

'  The  Committee  having  maturely  considered  his  Ex- 
cellency's message  of  the  24th  instant,  are  extremely  sur- 
prised, that  his  Excellency  should  now  recommend  it  to  the 


GEORGE  CLINTON,  1747.  443 

House  to  make  provision  for  large  detachments  of  the 
militia,  for  the  defence  (as  it  is  said)  of  the  frontiers,'  &c. 
Did  not  I,  by  my  message  of  the  ,19th  of  last  month  (to 
which  you  likewise  refer  in  the  same  resolve)  recommend 
to  you  by  his  Majesty's  orders  to  advance  or  give  credit 
for  such  sums  of  money  as  shall  be  necessary  for  the  pay 
of  the  Forces  levied  in  the  Province  on  the  expedition 
against  Canada?  And  did  not  I  propose  to  you  to  retain 
for  the  defence  of  this  Province  so  many  of  those  forces  as 
you  should  be  willing  to  pay  on  the  same  terms  or  rates 
on  which  they  entered  into  his  Majesty's  service?  Have 
you  complied  with  any  of  the  terms  of  that  message?  Have 
you  not  refused  to  give  the  King  credit  for  such  sums  as 
may  be  necessary  to  pay  those  forces  till  provision  be  made 
by  Parliament?  Have  you  not  by  your  Speaker  communi- 
cated to  me  the  terms  on  which  you  are  willing  to  pay 
eight  companies  of  the  new  levies,  viz.  by  reducing  the  pay 
of  captains  eight  shillings  per  day,  and  the  subalterns  to 
four  shillings  per  day,  current  money  of  this  Province, 
which  is  reducing  their  pay  to  less  than  one  half 
of  the  British  establishment,  such  pay  as  no  man  who  de- 
serves to  be  intrusted  will  accept,  being  less  than  what 
tradesman  and  daily  laborers  earn  in  their  occupations  in 
this  Province  in  peace  and  quietness,  without  any  risk  to 
their  persons;  will  any  man  undertake,  or  can  any  man 
give  reasonable  hopes  that  eight  companies  can  be  re- 
tained, otherwise  than  by  paying  what  is  due  to  the  officers 
and  men,  and  continuing  them  on  the  same  footing  on  which 
they  were  enlisted?  I  formerly  told  you,  and  I  now  repeat, 
that  I  have  no  hope  of  retaining  them  otherwise  than  in 
the  manner  I  proposed;  if  then,  the  new  levies  cannot  be 
retained,  must  not  the  frontiers  be  exposed  to  the  enemy 
by  these  forces  leaving  the  frontiers?  And  may  not  the 
inhabitants  of  this  Province  be  exposed  to  great  disorders 
if  the  new  levies  return  in  discontent,  and  without  any 


444  MESSAGES  FROM  THE  GOVERNOR. 

clothes  or  provision  from  the  places  where  they  are  now 
posted,  and  march  in  arms  through  the  country,  provoked 
by  the  contempt  of  their  services!  Is  it  not  my  duty  to 
do  all  in  my  power  to  prevent  the  mischiefs  which  I  foresee 
on  events,  not  only  possible,  but  likely  to  happen? 

Is  there  any  method  remaining  in  my  power  under  this 
state  of  affairs  to  prevent  these  mischiefs,  but  by  the  mili- 
tia of  this  Province?  And  ought  not  the  militia  of  this 
Province  to  be  in  readiness  and  suitably  provided 
for  to  march  on  all  events  in  times  of  war,  and  when 
the  Province  may  be  suddenly  attacked  by  a  powerful  and 
cruel  enemy?  I  confess  that  the  method  of  detachments 
must  prove  very  grevious  to  most,  if  not  to  all  those  to 
whom  the  lot  shall  fall;  but  perhaps  this  does  not  weigh 
so  much  with  you  and  others  who  know  themselves  to  be 
privileged  against  such  hardships?  Otherwise  you  would 
with  more  compassion  think  of  relieving  your  neighbors 
from  such  hardships,  that  you  would  very  unwillingly  lay 
on  yourselves.  I  must  do  all  in  my  power  to  protect  the 
lives  and  estates  of  the  people  under  my  care  from  a  cruel 
and  merciless  enemy,  but  I  cannot  do  it  either  in  the  most 
effectual  manner,  or  in  the  manner  the  least  grevious  to  the 
inhabitants,  without  your  assistance.  The  people,  I  am 
assured,  are  willing  to  lend  their  purses  for  this  service, 
and  for  their  own  ease,  if  you  would  allow  them  to  open 
them.  Why  do  you  thus  run  counter  to  the  desires  of 
your  constituents?  The  time  is  pressing;  it  admits  of  no 
delay ;  we  know  not  what  advantage  the  enemy  may  suddenly 
and  unexpectedly  take  of  the  present  state  of  affairs  in  this 
Province,  and  of  which  I  am  afraid  they  have  too  good 
information. 

It  is  a  matter  of  surprise  indeed,  that  the  representatives 
of  a  people  should  be  doing  all  in  their  power  to  render  their 
Governor's  endeavors  ineffectual  for  the  preservation  of 
the  people,  which  your  resolves  certainly  have  a  tendency 


GEORGE  CLINTON,  1747.  345 

to  do ;  for  what  other  purpose  can  this  surprise  in  you  be 
published,  but  to  occasion  disobedience  in  the  militia  to  my 
orders?  And  for  what  other  purpose  are  the  reflections 
of  unsteady  counsels,  continually  varying,  &c.  thrown  out 
at  this  time?  Certainly  counsels  must  vary,  as  the  events 
on  which  they  are  founded  do.  You  only  have  given  occa- 
sion to  any  variation  in  my  counsels  at  this  time ;  but  I  shall 
still  keep  steady  in  using  my  endeavors  with  you,  to  furnish 
me  with  the  means  necessary  to  preserve  the  people  com- 
mitted to  my  charge  in  safety,  as  much  as  possible,  on  all 
events;  and  must  therefore  exhort  you  to  throw  off  this 
surprise,  and  enable  me  to  defend  this  Province  and  the 
people  in  it  in  the  manner  I  recommended  to  you  in  my 
former  messages,  and  which  I  am  persuaded  must  be  both 
the  most  effectual  and  the  least  grievous  to  the  inhabitants 
of  any  method  which  I  have  heard  proposed." 

G.  CLINTON." 

The  Governor  also  presented  the  account  of  Isaac  Van 
Dam  for  subsistence  of  French  prisoners.6 

November  10.  The  Assembly  sent  a  committee  to  the 
Governor  to  suggest  his  immediate  approval  of  a  bill  re- 
lating to  the  subsistence  of  troops  on  the  frontiers.  The 
committee  did  not  see  the  Governor,  but  were  informed  by 
his  Secretary  that  he  was  busy  preparing  dispatches  for 
Boston,  and  would  receive  no  message  from  the  Assembly 
except  by  the  Speaker. 

November  13.  The  Assembly  presented  to  the  Governor 
a  formal  address  requesting  the  approval  of  the  bill  for  the 
subsistence  of  forces  on  the  frontiers,  and  the  Governor  re- 
turned the  following  answer : 

"It  is  true,  that  I  formerly  gave  my  assent  to  two  bills 

•  Payment  of  the  claim  of  Isaac  Van  Dam  was  provided  for  by  an  act, 
chap.  868,  passed  April  9,  1748,  making  appropriations  for  salaries,  services 
and  contingencies. 


446  MESSAGES  FROM  THE  GOVERNOR. 

of  the  same  nature  with  this ;  I  have  been  blamed  at  home 
for  doing  it,  and  I  have  since  given  reasons  to  expect  that 
I  would  not  do  the  like  for  the  future;  I  excused  myself 
by  the  necessity  of  his  Majesty's  service  at  that  time,  and 
I  hope  my  concern  for  the  safety  of  the  people  of  this 
Province  at  this  time  of  imminent  danger  may  excuse  me 
once  more  in  giving  my  assent  to  the  bill  mentioned  in  this 
address,  and  therefore,  I  resolve  to  give  my  assent  to  it 
accordingly;  but  at  the  same  time,  I  must  recommend  you 
to  take  care  that  no  clauses  be  inserted  in  the  bill  now 
before  your  House  for  the  pay  of  the  forces  to  be  raised 
in  this  Province  for  the  defence  thereof,  to  which  any  ex- 
ceptions may  ')e  taken  as  derogatory  to  his  Majesty's  pre- 
rogative ;  and  that  likewise,  clauses  be  added  to  it,  not  only 
to  prevent  any  misapplication  of  the  money  destined  for 
the  pay  of  those  forces,  but  likewise,  for  more  effectually 
preventing  any  embezzlement  of  the  provisions  than  is 
done  by  the  bill  to  which  you  desire  my  assent;  since  I 
have  reason  to  think  that  this  has  not  been  sufficiently 
guarded  against  by  the  former  bills  to  which  this  is  similar, 
the  provisions  may  be  sent  up  to  Albany  without  delay.7 

By  a  representation,  which  I  have  lately  received  from 
the  officers  of  the  three  Independent  Companies  of  fusileers 
posted  at  Albany  for  the  defence  of  this  Province,  I  am 
informed  a  total  dissolution  of  them  is  to  be  feared  if  they 
be  not  found  with  provisions  or  removed  from  thence ;  and 
therefore  I  must  again  recommend  this  to  your  considera- 
tion. 

G.  CLINTON." 

November  25.  Reference  has  already  been  made  to  the 
remonstrance  presented  by  the  Assembly  to  the  Governor 
October  9,  and  his  refusal  to  receive  it  or  hear  it  read.  The 
Assembly  directed  its  publication  in  the  Gazette  (the  offi- 
cial paper),  but  the  Governor  issued  an  order  to  the  printer 
forbidding  the  publication  of  the  remonstrance,  alleging 
that  it  contained  several  ' '  false,  scandalous,  and  malicious 


7  An  act,  chap.  854,  passed  November  25,  1747,  imposed  a  tax  of  twenty- 
eight  thousand  pounds  for  general  purposes  connected  with  the  war. 


GEORGE  CLIXTON,  1747.  447 

aspersions  "  on  him  as  Governor,  and  directed  that  this 
order  be  published  in  the  Gazette. 

Following  the  publication  of  this  orde^r,  the  Assembly  on 
the  27th  of  October  adopted  resolutions  declaring : 

"  That  it  is  the  undoubted  right  of  the  people  of  this 
Colony,  to  know  the  proceedings  of  their  representatives 
in  General  Assembly,  and  that  any  attempt  to  obstruct  or 
prevent  their  proceedings  being  printed  and  published  is  a 
violation  of  the  rights  and  liberties  of  the  people  of  this 
Colony. 

That  any  attempt  to  prohibit  the  printing  or  reprinting 
any  of  the  proceedings  of  this  House  is  an  infringement 
of  the  privileges  of  this  House,  and  of  the  people  they 
represent. 

That  the  humble  remonstrance  of  this  House  of  the  9th 
instant,  though  his  Excellency  (contrary  to  the  uninter- 
rupted usage  in  such  cases)  refused  to  receive  it,  was,  not- 
withstanding, a  regular  proceeding  of  this  House. 

That  his  Excellency's  order  to  forbid  the  printing  or  re- 
printing the  said  remonstrance  is  unwarrantable,  arbitrary 
and  illegal,  and  not  only  an  open  and  manifest  violation  of 
the  privileges  of  this  House,  but  also  of  the  liberty  of  the 
press,  and  evidently  tends  to  the  utter  subversion  of  all  the 
rights  and  liberties  of  this  House,  and  of  the  people  they 
represent. 

That  Mr.  Speaker's  ordering  the  said  remonstrance  to 
be  printed  with  the  votes  and  proceedings  of  this  House 
is  regular,  and  entirely  consistent  with  the  duty  of  his 
office  as  Speaker  of  this  House." 

November  12  the  subject  was  taken  up  again  by  the 
Assembly,  and  a  resolution  was  adopted  directing  the  pub- 
lic printer  to  print  the  remonstrance  in  the  Gazette,  and 
deliver  ten  copies  to  each  member  of  the  House  "  that  our 
constituents  may  know  that  it  is  our  firm  resolution  to  pre- 
serve the  liberty  of  the  press,  and  to  communicate  our  pro- 
ceedings to  them  that  they  may  judge  of  our  conduct. ' ' 

This  action  doubtless  suggested  to  the  Governor  that  it 
would  be  proper  for  him  to  review  recent  events  in  the 


448  MESSAGES  FEOM  THE  GOVERNOR. 

colony,  which  was  done  in  the  following  message,  dated 
November  25. 

' '  Your  resolves  of  the  12th  instant,  and  your  order  to  the 
Printer  thereon,  makes  it  necessary  to  speak  to  you  at  this 
time  in  different  terms  than  I  wished  to  have  done. 

I  must  recommend  to  your  serious  consideration,  when 
cool  and  free  from  the  influence  of  your  leaders,  whether 
(if  I  had  by  my  order  to  the  Printer  of  the  Gazette,  in- 
fringed on  your  privileges)  it  would  not  have  better  become 
you  to  have  in  some  manner  applied  to  me  on  that  head? 
But  this  method,  I  suppose  did  not  please ;  because  thereby 
you  could  not  so  evidently  assume  an  authority  over  me, 
and  to  annul  and  contradict  the  orders  of  your  Governor; 
this  may  be  taken  by  those  who  have  a  right  to  inquire  into 
your  conduct,  as  a  direct  assuming  the  supreme  in  the  exe- 
cutive part  of  the  government;  and  which  they  may  think 
destructive  of  your  dependency  on  the  Crown  of  Great 
Britain,  and  of  which  the  people  of  Great  Britain  may  be- 
come jealous. 

Consider  likewise  that  paper  published  under  the  name 
of  a  remonstrance  to  your  House,  and  your  former  rep- 
resentations ;  they  contain  several  things  which  you  kno^v  to 
be  false,  as  appears  from  the  proceedings  of  your  House; 
in  others  you  manifestly  contradict  yourselves ;  from  things 
notoriously  known  it  must  appear  that  what  you  assert  in 
other  parts  of  them  is  impossible  to  be  true ;  no  where  had 
you  any  evidence  of  the  truth  of  the  facts  which  you  assert ; 
you  were  guided  by  no  principle  of  action,  but  that  of  a 
blind  faith  in  your  leaders;  this  must  appear  to  any  one 
who  shall  consider  the  minutes  of  your  proceedings,  the 
time  and  circumstances  attending  them;  all  things,  I  say, 
will  appear  to  any  person  attentively  considering  your 
endeavors  to  throw  the  vilest  aspersions  on  your  Govern- 
or's conduct. 

Can  falsehood,  slander  and  malice  be  supported  by  any 
other  methods  than  those  which  you  have  taken?  Would 


GEOEGE  CLINTON,  1747.  '449 

any  man  who  has  the  least  sense  of  honor  take  those 
methods  to  support  truth!  'Or  to  seek  redress  from  any 
real  grievance,  which  are  only  proper  to  support  falsehood 
and  malice,  and  propagate  slander  ?  'For  what  purpose  are 
those  publications  made,  when  those  to  whom  they  are 
made  have  no  means  of  inquiring  into  the  truth  of  them, 
and  can  give  no  legal  redress  to  any  injury,  if  it  were  real  ? 
Can  anything  be  more  pernicious  to  society? 

Besides  these  things  observable  in  general  throughout 
your  proceedings,  the  method  you  took  to  present  that 
remonstrance  (as  it  is  called)  could  only  be  with  design  to 
show  your  contempt  of  his  Majesty's  authority,  in  the 
character  of  his  Governor  of  this  Province ;  by  that  method 
you  assume  so  far  an  authority  over  your  Governor  that 
you  think  it  incumbent  on  him  to  know,  and  to  pay  a  regard 
to  your  committees,  and  to  papers  signed  only  by  the  clerk 
of  your  House.  Consider  the  petition  usually  made  by 
your  Speaker  when  presented  to  the  Governor  for  his  ap- 
probation: Your  Speaker  only  desires  access  to  the  Gov- 
ernor's person  for  himself,  and  when  necessary  for  the 
public  service ;  take  the  whole  of  your  proceedings  together 
and  the  spirit  of  your  actions  too  plainly  appears. 

I  must  leave  it  to  my  superiors  to  judge,  whether  that 
printed  paper,  called  a  remonstrance  of  your  House,  has 
not  evidently  all  the  characters  of  a  false,  scandalous  and 
malicious  libel,  against  your  Governor?  I  must  leave  it 
to  them  to  judge,  whether  I  acted  as  became  the  Governor 
of  this  Province,  in  forbidding  the  Printer  to  re-print  it  in 
his  newspaper,  as  I  was  informed,  cho  Speaker  of  your  House 
had  privately  ordered  him  to  do,  after  it  had  been  printed 
in  the  votes  of  your  House?  I  must  likewise  leave  it  to 
my  superiors  to  judge,  whether  I  could  pass  over  such  a 
publication  in  silence?  Whether,  with  any  regard  to  my 
character,  I  could  take  notice  of  it  in  any  other  manner 
which  could  give  less  offence,  than  what  I  did?  And 
29 


450  MESSAGES  FROM  THE  GOVERNOR. 

whether  you  have  acted  like  honest  men  and  loyal  subjects, 
in  ordering  a  libel  against  your  Governor  to  be  re-printed, 
and  ten  copies  of  it  to  be  given  to  each  of  your  members, 
in  order  to  have  it  dispersed  all  over  the  country,  as  is 
actually  done? 

As  to  the  popular  outcry  you  endeavor  to  raise  of  the 
liberty  of  the  press,  I  shall  only  say  that  certainly  this 
Liberty,  as  well  as  any  other  may  be  abused  to  the  injury 
of  others;  if  an  injury  is  done,  a  proper  remedy  ought  to 
be  applied;  and  such  a  remedy  can  never  be  thought  a  re- 
straint of  any  just  liberty.  I  am  persuaded  that  no  consid- 
erate man  can  think  that  I  offered  any  obstruction  to  the 
liberty  of  the  press  by  forbidding  the  printer  to  publish 
that  one  paper  at  his  peril ;  if  no  peril  in  doing  it,  neither 
the  author  nor  publishers  of  it  can  suffer  by  that  order; 
the  proper  judges  may  in  time  show  whether  I  did  a  service 
or  dis-service  to  any  by  such  warning. 

You  know  with  what  earnestness  I  recommended  to  you 
to  provide  for  the  necessary  expense  of  preserving  the 
fidelity  and  friendship  of  the  Six  United  Indian  Nations, 
and  other  Indians  our  friends,  engaged  in  war  with  the 
enemy;  and  though  it  be  now  so  long  since  that  was  laid 
before  you,  you  have  not  made  the  least  provision  for  this 
service,  which  none  can  doubt  of  being  of  the  greatest 
importance  for  the  preservation  not  only  of  this,  but  of  all 
the  British  colonies  in  North  America;  such  a  neglect  can 
not  otherwise  be  accounted  for,  but  that  by  the  alteration 
which  may  be  expected  in  the  disposition  of  the  Indians 
from  the  contempt  which  (they  may  apprehend)  you  have 
of  their  past  services,  and  from  other  disappointments  they 
have  met  with;  you  may  have  it  in  your  power  to  give 
some  color  to  the  vile  falsehoods  and  calumnies,  you  have 
published;  in  hopes  of  doing  this,  all  the  mischiefs  which 
may  happen  are  of  no  consideration  with  you. 

It  is  also  necessary  to  lay  open  another  design  which 
too  evidently  appears  through  all  your  proceedings;  and 


GrEOKGE   CLINTON,   1747.  451 

which  it  is  probable  you  principally  had  in  view,  viz.  an 
intention  to  assume  the  superiority  in  the  administration. 
For  this  purpose  you  throw  out  all  tjie  aspersions  on  your 
Governor's  conduct  that  malice  can  invent;  that  thereby 
you  might  disable  him  in  retaining  that  authority  over  the 
people  of  this  Province  which  the  King  has  intrusted  him 
with;  for  what  other  purpose  have  you  attempted  to  put 
in  the  most  odious  light  the  endeavors  I  took  for  the  safety 
of  this  Province,  in  this  time  of  danger?  And  which  I 
must  leave  to  my  superiors  to  judge  whether  they  were  not 
the  most  prudent  that  could  be  taken,  under  the  present 
circumstances. 

The  reason  why  it  became  necessary  to  keep  secret  the 
orders  for  discharging  the  forces  raised  in  America,  on 
the  expedition  intended  against  Canada,  till  the  time  they 
were  to  be  put  in '  execution,  are  now  obvious,  viz.  lest  the 
defence  of  the  frontiers  should  be  deserted  before  prepara- 
tion could  be  otherwise 'made  for  the  defence  of  them;  I 
gave  you,  however,  timely  notice  of  what  was  to  happen, 
that  you  might  make  the  provision  requisite  for  that  serv- 
ice. At  the  same  time  I  told  you  in  what  manner  any 
number  of  the  forces  then  posted  on  the  frontiers  might  be 
retained  with  the  greatest  certainty.  You  refused  to  make 
provision  in  the  manner  I  proposed;  you  took  a  different 
and  much  more  uncertain  method ;  and,  after  you  had  fixed 
on  one  method,  you  changed  it  to  another  equally  uncer- 
tain in  its  success;  and  which,  on  a  fair  calculation  must 
put  the  Province  to  above  forty  thousand  pounds  more 
expense  than  the  method  I  proposed.  It  is  well  known  how 
dilatory  you  have  been  in  your  proceedings,  while  the 
safety  of  the  Province  required  the  greatest  dispatch  in 
your  resolutions. 

When  I  perceived  the  Province  to  be  thus  exposed  to 
eminent  danger,  I  took  the  only  course  remaining  in  my 
power  for  the  defence  thereof,  either  in  case  that  a  suffi- 
cient number  of  the  forces  then  at  Albany  could  not  be 


452  MESSAGES  FEOM  THE  GOVERNOB. 

retained,  or  that  the  frontiers  should  be  attacked  by  a 
greater  force  than  the  number  of  men  you  proposed  to  pay 
could  resist. 

As  the  dangers  of  the  enemy  might  happen  suddenly 
(and  when  least  expected),  it  became  necessary  to  put  the 
militia,  without  delay,  into  such  a  disposition  that  they  may 
be  always  in  readiness  on  every  emergency,  for  which  pur- 
pose I  gave  orders  that  detachments  may  be  made  of  them 
upon  the  first  appearance  of  danger  that  may  require  more 
force  than  may  at  any  time  happen  to  be  on  or  near  the 
frontiers.  I  never  heard  it  asserted,  that  the  orders  which 
I  then  gave  were  either  illegal  or  partial;  that  they  either 
favored  one  man,  or  were  oppressive  to  another  or  that 
they  were  unnecessary. 

For  what  purpose,  I  say  then,  were  your  resolves  pub- 
lished, which  evidently  tended  to  create  disobedience;  and 
did  accordingly  produce  disobedience  to  these  orders, 
which  I  am  confident,  will  appear  prudent  and  necessary 
for  the  safety  of  this  Province,  to  all  judicious  and  impar- 
tial men?  Could  this  be  done  for  any  other  end  (if  you 
did  not  design  to  give  up  the  Province  to  the  enemy)  than 
to  usurp  the  command  of  the  militia,  and  to  show  that  his 
Majesty's  prerogative  and  authority  over  the  militia  (and 
which  was  never  disputed),  must  be  fruitless  and  ineffectual, 
unless  he  please  to  take  that  authority  from  you,  and  under 
such  limitations  as  you  shall  please  to  set  to  it?  It  is  too 
well  known  what  base  insinuations  were  industriously 
spread  among  the  people  at  that  time,  in  order  to  carry 
the  spirit  of  disobedience,  and  the  passions  of  ignorant 
people,  to  the  most  dangerous  heigh th;  and  how  indus- 
triously some  of  your  members  were  in  propagating  the 
most  mischievous  sentiments  for  that  purpose.  As  I  then 
publicly  declared  that  I  had  no  intention  to  put  the  people 
of  this  Province  to  any  unnecessary  trouble,  so  since  that 
time  I  have  done  all  in  my  power  to  prevent  it  by  my 


GEORGE  CLINTON,  1747.  453 

endeavors  to  retain  as  great  a  number  of  the  forces  now 
at  Albany  as  can  be  done  on  the  encouragement  which  you 
had  promised.  I  hope  no  bad  eve"nt  may  too  evidently 
demonstrate  the  necessity  of  the  precaution  I  endeavored 
to  take,  in  having  the  militia  in  readiness  for  preservation 
of  it. 

Your  refusing  the  King  credit  for  payment  of  what  is 
due  to  the  forces  levied  in  this  Province  on  the  expedition 
against  Canada,  till  such  time  as  provision  shall  be  made 
in  Parliament  for  that  service,  too  openly  shows  what 
little  regard  you  have  either  to  the  King's  pleasure,  so 
reasonably  signified  to  you,  or  his  service;  and  likewise 
what  little  regard  you  have  to  those  who  have  been  willing 
to  expose  their  lives  in  the  service  of  their  country,  and 
have  on  several  occasions  exposed  their  lives  in  the  de- 
fence of  this  Province.  This  contempt  of  such  signal 
services,  and  neglect  of  men  who  are  now  in  the  greatest 
distress  arising  from  their  zeal  for  their  King  and  country's 
service,  must  for  the  future  discourage  the  like  zeal  in  all 
others;  and  on  many  accounts  must  be  detrimental  to  the 
people  of  this  Province. 

It  is  now  well  known  that  if  you  had  complied  with  my 
offers  of  retaining  the  forces  posted  at  Albany  in  the  pay 
of  this  Province,  on  the  terms  I  proposed,  a  sufficient 
number  of  disciplined  men  commanded  by  Gentlemen  could 
then  have  been  retained ;  and  it  is  now  likewise  so  evident, 
that  a  sufficient  number  of  men  cannot  at  this  time  be  ob- 
tained in  this  Province  by  the  method  you  have  taken,  that 
the  Council  has  found  it  necessary  to  advise  me  to  apply  to 
the  neighboring  colonies  for  men;  until  a  sufficient  num- 
ber can  be  procured,  the  frontiers  must  remain  exposed 
to  the  enemy ;  and  it  must  remain  uncertain  for  some  time, 
whether  a  sufficient  number  can  be  procured.  Thus,  from 
an  obstinacy  and  some  other  temper  of  mind  (to  which 
it  is  difficult  to  give  a  proper  name),  you  are  willing  to 


454  MESSAGES  FROM  THE  GOVERNOR. 

expose  the  lives  and  estates  of  the  people  you  represent  to 
all  cruelties  and  ravages  of  a  merciless  enemy,  rather  than 
to  comply  with  any  demand  of  your  Governor,  however 
reasonable  or  necessary  it  be  for  the  welfare  of  your 
country. 

You  still  further  discover  your  desire  of  assuming  the 
supreme  authority  over  all  military  force  in  this  Province, 
by  your  conduct  towards  the  independent  companies  of 
fusileers  now  posted  at  Albany  for  the  defence  of  this 
Province,  and  which  have  been  kept  in  it  above  fifty  years 
at  the  charge  of  the  Crown,  for  its  defence.  No  man  can 
say  that  the  private  men  can  subsist  themselves  there  on 
their  pay  at  this  time ;  or  that  they  can  at  this  time  find  any 
other  means  for  their  subsistence;  nor  can  any  man  think 
that  they  can  remain  contented  to  see  others  who  do  the 
same  duty  with  them,  receive  double  the  pay  and  pro- 
visions, while  the  country  which  they  protect  refuses  Pro- 
visions to  them.  Does  not  this  plainly  tend  to  a  dissolution 
of  the  companies  ?  And  for  what  reason  can  this  be  desired 
by  you  at  this  time,  when  men  are  so  much  wanted  for  the 
defence  of  the  frontiers,  unless  it  be  that  you  cannot  bear 
any  military  force  in  this  Province,  not  immediately  de- 
pendent on  you?  And  for  this  purpose  you  are  willing  to 
lose  these  troops  likewise,  though  necessary  for  the  pro- 
tection of  the  Province. 

But  the  bills  you  have  framed  for  the  defence  of  the 
frontiers,  and  to  which  I  now  give  my  assent,  for  this 
reason  only,  that  you  have  put  it  out  of  my  power  other- 
wise to  save  this  Province  from  the  most  eminent  danger: 
these  bills,  I  say,  put  your  designs  out  of  question.  For 
what  purpose  do  you  put  the  provisions  for  the  forces 
at  Albany,  the  pay  of  them  and  the  ammunition,  gunpow- 
der, and  ball  destined  for  their  use,  into  the  hands  of  per- 
sons of  your  own  nomination,  without  advising  or  consult- 
ing with  your  Governor  in  the  appointment  of  persons  to 


GEORGE  CLINTON,  1*47.  455 

so  great  a  trust,  but  to  put  it  in  the  power  of  those  persons 
to  control  any  order  which  your  Governor  shall  give? 

The  pretence  which  you  endeavor  tt>  infuse  into  the  heads 
of  the  people  cannot  have  the  least  appearance  of  founda- 
tion after  the  declaration  I  made  to  you  that  I  would  give 
my  assent  to  any  clauses  proper  to  prevent  any  kind  of 
embezzlement,  or  converting  of  either  the  money  or  pro- 
visions to  any  other  use  than  designed  by  the  granting 
them.  It  is  well  known  that  the  method  you  formerly  took, 
and  still  continue  to  take,  is  as  open  to  frauds  as  any  other. 
It  must  be  surprising  to  have  it  supposed  that  frauds  can- 
not be  prevented  otherwise  than  by  a  breach  or  alteration 
of  the  established  constitution;  for  this  can  only  be  sup- 
posed by  those  who  do  not  understand,  or  are  avowed 
enemies  to  it. 

You  have  done  all  in  your  power  to  make  my  endeavors 
for  the  safety  of  this  Province  clash  and  become  incon- 
sistent with  my  duty  to  the  King,  by  making  the  only  means 
you  put  in  my  power  for  the  safety  of  the  people,  contra- 
dictory to  his  Majesty's  express  commands;  and  which  you 
know  to  be  such,  and  derogatory  to  his  authority  over  you, 
while  you  obstinately  persist  in  the  same  method ;  but  as  I 
have  a  gracious  master,  I  hope  my  zeal  for  the  safety  of  so 
many  of  his  loyal  subjects  as  would  otherwise  be  in  danger 
will  excuse  me  with  him,  by  giving  my  assent  to  these  bills, 
under  the  present  circumstances  of  the  Province,  which 
admit  of  no  delay  in  preventing  the  dangers  all  are  in,  but 
more  especially  many  innocent  people  on  or  near  the 
frontiers. 

Whatever  vain  imaginations  your  leaders,  or  a  faction 
among  you,  may  entertain,  I  am  confident  his  Majesty  has 
numbers  sufficient  of  loyal  subjects  in  the  Province  to  pre- 
vent the  ill  effects  of  the  most  daring  attempt  on  his 
authority;  and  which  all  men  of  sense  know  that  no  act  of 
this  government  can  in  any  light  deprive  him  of  or  lessen 


456  MESSAGES  FEOM  THE  GOVEKNOB. 

his  prerogative  in  any  circumstance,  however  vain  you  may 
be  of  your  powers;  but  that  everything  attempted  by  you 
to  that  purpose  must  be  foolish  as  well  as  arrogant ;  every 
act  to  that  effect  is  of  itself  void. 

Many  other  instances  can  be  given  of  your  grasping  at 
power,  both  civil  and  military,  by  your  assuming  to  your- 
selves the  nomination  to  offices  and  the  sole  rewarding  of 
all  services,  as  in  every  money  bill  you  pass ;  to  which  you 
will  allow  of  no  amendment  by  the  Council  in  any  part  of 
the  bill,  how  foreign  soever  to  the  granting  part;  neither 
do  you  previously  advise  or  consult  with  your  Governor, 
either  in  the  nomination  to  offices,  or  the  rewarding  of 
services. 

Take  the  whole  of  your  proceedings  together,  there  must 
appear  not  only  a  want  of  candor,  but  open  malice  likewise ; 
and  as  by  your  repeated  publications  they  are  become  gen- 
erally a  part  in  conversation  of  all  people  in  the  neighbor- 
ing colonies,  this  conduct  of  you,  the  representatives  of 
the  people  of  this  Province,  can  give  no  favorable  senti- 
ments of  the  probity  of  the  people  you  represent. 

Your  continued  grasping  at  power,  with  an  evident  ten- 
dency to  the  weakening  of  the  dependency  of  this  Province 
on  Great  Britain,  accompanied  with  such  notorious  and 
public  disrespect  to  the  character  of  your  Governor,  and 
contempt  of  the  King's  authority  intrusted  with  him,  can- 
not be  longer  hid  from  your  superiors,  but  must  come  under 
their  observation,  and  is  of  most  dangerous  example  to 
your  neighbors. 

As  I  know  that  great  numbers  of  the  inhabitants  of  this 
Province  disapprove  of  the  present  conduct  of  you,  their 
representatives,  I  cannot  at  this  time  do  more  for  the  bene- 
fit of  all  than  by  putting  it  in  their  power  to  declare  their 
sentiments,  that  they  may,  if  they  please,  vindicate  their 
loyalty  to  their  Prince,  and  love  of  the  country,  on  which 
they  depend,  and  which  protects  them. 


GEORGE  CLINTON,  1748.  '457 

Therefore  I  think  it  for  the  reputation  and  interest  of 
this  Province,  as  well  as  for  his  Majesty's  service,  that  the 
General  Assembly  of  this  Province  be  dissolved;  and  you 
are  dissolved  accordingly. 

G.  CLINTON." 

November  25.    The  Assembly  was  dissolved. 


1748.     FEBRUARY.     TWENTY-FIFTH  ASSEMBLY,  FIRST  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  met  February  12,  as  required  by  the  writs 
of  election,  and  on  the  same  day  the  Governor  delivered 
the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  public  affairs  of  the  Province  have  made  it  neces- 
sary for  me  to  call  you  together  at  this  time,  otherwise  I 
should  have  delayed  your  meeting  to  a  season  of  the  year 
that  must  have  been  more  convenient  for  you. 

The  agreement  made  in  this  city  the  28th  of  September 
last  by  the  commissioners  of  this  Province,  of  Massachu- 
setts Bay  and  Connecticut,  upon  measures  for  carrying  on 
the  war  against  the  common  enemy,  and  for  the  mutual 
defence  and  security  of  his  Majesty's  British  colonies  on 
the  continent  of  North  America,  received  the  approbation 
of  the  last  general  assembly  of  this  Province.  The  govern- 
ment of  Connecticut  has  signified  their  approbation  of  the 
same;  and  since  the  dissolution  of  the  last  Assembly,  I 
received  the  approbation  of  the  government  of  the  Massa- 
chusetts Bay  with  some  alterations  to  the  said  agreement. 
Copies  of  these  approbations  and  alterations  shall  be  laid 
before  you. 


458  MESSAGES  FROM  THE  GOVERNOR. 

Since  the  government  of  the  Massachusetts  Bay  have 
refused  their  approbation  of  the  llth  article  of  that  agree- 
ment, I  am  of  opinion  that  the  service  which  was  expected 
from  that  article  ought  to  be  supplied  by  some  other 
method,  which  I  think  cannot  be  otherwise  done  than  by 
numerous  parties  of  Indians  to  be  employed  for  the  service, 
which  was  intended  by  that  article.* 

The  carrying  of  this  agreement  into  execution  tends  so 
evidently  to  the  benefit  and  security  of  all  the  British  colon- 
ies in  North  America  that  I  think  it  needless  to  use  any 
arguments  with  you  to  contribute  everything  incumbent  on 
you  to  carry  it  on;  and  however  chargeable  it  may  be  at 
this  time,  yet  when  it  is  considered  that  a  great  part  of  the 
annual  and  heavy  expense  which  this  Province  must  bear 
for  the  defence  of  the  frontiers  only  may  thereby  be  saved 
for  the  future,  I  persuade  myself  the  people  of  this  Pro- 
vince will  cheerfully  submit  to  any  expense  which  shall  be 
necessary  for  such  beneficial  consequences. 

The  advantage  which  all  the  colonies,  but  more  especially 
this,  may  receive  from  the  friendship  and  hearty  assist- 
ance of  the  Six  United  Nations,  and  the  mischiefs  which 
may  come  from  a  contrary  disposition  and  their  acting 
in  favor  of  our  enemies,  are  notorious;  therefore,  it  will 
deserve  our  most  serious  attention  to  consider  how  far 
their  disposition  at  this  time  may  be  affected  by  the  disap- 
pointments they  have  met  with  from  the  intended  expedi- 
tion against  Canada  being  laid  aside,  from  the  disbanding 
the  forces  which  were  at  Albany,  and  by  the  influence  which 
the  French  emissaries  may  gain  thereby  over  them  by  in- 
fusing into  their  minds  our  want  of  strength  or  courage. 
This  may  occasion  unexpected  difficulties  in  the  conduct  of 
Indian  affairs,  even  in  preserving  their  friendship,  but 
much  more  in  engaging  them  heartily  and  generally  in  any 
new  enterprise.  I  must  therefore  demand  your  assistance 


[a]  For  a  synopsis  of  the  llth  article,  see  ante  p. 420. 


GEORGE  CLINTON,  1748.  459 

to  enable  me  to  pursue  every  method  which  may  be  neces- 
sary to  engage  the  Six  Nations  of  Indians  and  their 
allies  to  join  heartily  with  us  in  the  execution  of  the  agree- 
ment now  laid  before  you,  for  without  the  assistance  of 
numerous  parties  of  the  Indians  we  may  have  much  reason 
to  doubt  of  the  success  of  what  is  proposed,  whereas  with 
such  assistance  we  may  have  the  greatest  reason  to  expect 
it. 

No  act  has  passed  for  the  payment  of  the  salaries  of  his 
Majesty's  officers  of  the  government  since  the  act  which  ex- 
pired the  first  of  September  last;  I  must  therefore  recom- 
mend to  you  to  provide  for  these  appointments  in  as  ample 
a  manner  as  has  been  heretofore  done,  and  also  for  ex- 
presses and  other  contingent  charges  and  services  which 
necessarily  arise  in  time  of  war.1 

I  have  appointed  by  advice  of  council  Mr.  Aaron  Stevens, 
Interpreter  to  the  Indians,  in  behalf  of  this  Province,  from 
the  death  of  Mr.  Bleeker,  their  late  Interpreter ;  and  as  he 
has  done  signal  services  among  those  nations,  and  contri- 
butes considerably  to  keep  them  steadfast  in  the  British 
interest,  I  cannot  doubt  of  your  granting  him  an  ample 
allowance  as  interpreter  from  that  time.  2 

No  provision  has  been  lately  made  for  the  pay  and  vic- 
tualing of  Oswego  garrison;  and  Col.  Johnson  tells  me  he 
cannot  continue  supplying  that  garrison  any  longer  with 
provisions,  without  an  extra  allowance  of  two  hundred 
pounds  per  annum  during  the  war,  as  the  transporting  the 
same  is  attended  with  great  difficulty,  hazard  and  expense ; 
and  as  the  public  is  considerably  in  arrear  to  him,  I  expect 
you  will  immediately  provide  for  that  charge  with  what 
expense  he  has  been  at  of  sending  the  provisions  and  re- 


1  An  act,  chap.   868,  passed  April   9th,  made  appropriations  for  salaries, 
services  and  contingencies  and  for  other  purposes. 

2  The  act  last  cited,  chap.   868,   provided  for  the  compensation  of  Arent 
Stephens  as  interpreter  at  the  rate  of  ninety  pounds  per  annum. 


460  MESSAGES  FROM  THE  GOVERNOR. 

liefs  thither,  over  and  above  the  contract.3  I  conceive  it 
absolutely  necessary  that  provision  should  be  made  for  the 
expense  of  a  smith  to  reside  during  the  summer  season  at 
Oswego  for  the  use  of  the  Indians  that  come  to  the  trading 
house  there,  being  assured  by  Col.  Johnson  it  will  give  a 
general  satisfaction  to  all,  but  more  particularly  to  the  far 
Nations. 

The  fort  at  Albany  wants  many  repairs,  which  I  recom- 
mend to  you  ;4  as  also  a  supply  of  ammunition  for  the  sev- 
eral forts  in  the  county. 

As  several  expenses  have  incurred  for  rewards  to  the 
Indians  for  scalps,5  for  the  maintenance  of  their  prisoners, 
for  transporting  the  new  levies  to  Albany,  for  victualing 
some  of  them  in  the  Mohawk's  country,  for  removing  the 
cannon  from  Saratoga  to  Albany,  and  for  expresses;  and 
as  Col.  Johnson  has  advanced  money  to  the  smiths  and 
other  persons  sent  among  the  Six  Nations  of  Indians,  of  all 
which  disbursements  proper  accounts  shall  be  laid  before 
you,  I  must  recommend  the  payment  of  them  as  just  and 
necessary  debts  on  this  government;  as  likewise  the  pay- 
ment of  the  rent  to  the  first  of  May  next  of  the  house 
wherein  I  resided  till  the  house  in  the  fort  was  put  in  a 
proper  condition  to  receive  my  family.  I  must  likewise 
recommend  the  completing  of  the  house  in  the  fort,  the 
building  of  stables,  and  making  such  other  conveniences  as 
are  necessary  and  proper  for  my  accommodation.6 

The  companies  for  which  the  last  Assembly  made  pro- 
vision to  be  raised  for  his  Majesty's  service  are  almost  com- 


3  The  general  act  for  the  defence  and  security  of  the  frontiers,  chap.  864, 
passed  April  9th,  made  large  appropriations  to  Col.  Johnson  for  the  purposes 
mentioned  in  the  Governor's  speech. 

4  The  last  act,  chap.  864,  made  several  appropriations  for  the  defence  and 
fortification  of  Albany. 

5  The    act,    chap.    868,    providing    for    salaries    and    contingencies,    passed 
April  9th,  appropriated  three  hundred  sixty-five  pounds  for  scalps. 

«  See  the  appropriation  acts,  chaps.  864  and  868,  for  several  items  contained 
in  the  speech. 


GEORGE  CLINTON,  1748.  461 

plete,  but  as  no  provision  was  made  for  a  commanding 
officer  at  that  time,  I  cannot  avoid  desiring  you  to  make 
such  a  reasonable  provision  for  one  now,  as  will  fully 
answer  the  trouble,  care  and  expense  attending  that  com- 
mand. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — There  being 
nothing  more  desirable  at  all  times  than  peace  and  unity, 
I  persuade  myself  you  will  enter  upon  the  affairs  I  have 
now  recommended  to  you  with  all  manner  of  harmony  and 
prudent  dispatch,  because  the  other  colonies  who  are  united 
with  us  in  the  before  mentioned  agreement  wait  for  your 
resolutions,  and  the  example  which  you  may  give  on  this 
occasion  will  give  life  and  dispatch  to  all  concerned  where 
it  appears  necessary  for  the  general  benefit  of  all  the 
British  colonies  in  North  America. 

You  will  always  find  me  ready  to  concur  in  any  measure 
that  shall  be  proposed  to  me  for  his  Majesty's  service  and 
the  interest  of  the  Province. 

G.  CLINTON. 

SPECIAL  MESSAGES. 


February  16.  Transmitting  a  copy  of  the  agreement 
dated  September  28,  1747,  between  Massachusetts,  New 
York  and  Connecticut,  relative  to  the  conduct  of  the  war. 
A  synopsis  of  this  agreement  has  already  been  given.  Ante 
p.  419.  Also  transmitting  a  copy  of  the  resolutions  of  ' '  the 
General  Court  of  the  Province  of  Massachusetts  Bay  of  the 
30th  of  October  last  on  the  several  articles  of  the  said  agree- 
ment " ;  an  extract  of  a  letter  from  Governor  Law  of  Con- 
necticut, dated  the  2d  of  November,  1747,  importing  that 
the  legislature  of  that  colony  had  approved  of  the  said 
agreement;  a  request  by  the  Six  Nations  for  the  appoint- 


462  MESSAGES  FROM  THE  GOVERNOR. 

ment  of  a  smith  to  reside  at  the  Oswego  trading  house,  and 
also  several  accounts  for  services  rendered  to  the  colony. 

February  16.  Thanking  the  Council  for  its  address. 

February  18.  Informing  the  Assembly  of  an  expected 
attack  of  the  enemy,  and  that  he  had  adopted  measures  to 
discover  the  truth  of  the  report ;  he  recommended  that  pro- 
vision be  made  for  outscouts  on  the  frontiers.7 

February  19.  Eeplying  to  the  Assembly's  address,  the 
Governor  said: 


. . 


'As  I  conceive  the  Government  of  Massachusetts  Bay 
has  concurred  to  the  most  material  parts  of  the  agreement 
entered  into  by  their  Commissioners  with  the  commission- 
ers of  this  government  and  Connecticut,  I  hope  the  altera- 
tions made  by  them  will  not  be  an  obstacle  to  hinder  us 
from  showing  our  enemies  that  we  have  strength  sufficient 
to  annoy  them  and  a  spirit  to  exert  it." 

The  next  day  the  Assembly  adopted  the  report  of  a  com- 
mittee, in  which  the  opinion  was  expressed  that  the  several 
alterations  proposed  by  the  government  of  Massachusetts 
in  the  agreement  of  September  28,  would  in  a  great  meas- 
ure defeat  the  ends  proposed  by  the  agreement,  and  that 
therefore  the  Assembly  ought  not  to  agree  to  such  alter- 
ations. 

February  23.  Transmitting  accounts  presented  by  Cap- 
tain Henry  Livingston  for  supplies  furnished  to  the  gar- 
rison at  Fort  Clinton,  and  to  his  company  of  new  levies.8 

March  1.  Transmitting  an  extract  of  a  letter  from  the 
Duke  of  Newcastle,  dated  the  3d  of  October,  1747,  relating 
to  the  cultivating  the  friendship  of  the  Six  Nations  of  In- 
dians, and  keeping  them  steadily  attached  to  his  Majesty's 
interest,  by  which  (the  Governor  said)  the  Assembly  would 
perceive  "  his  Majesty's  gracious  intentions  towards  these 


1  The  act  for  the  defence  of  the  frontiers,  chap.  864,  and  the  salaries'  act, 
chap.  868,  both  passed  April  9th,  made  appropriations  for  outscouts. 

8  The  item  relating  to  levies  was  included  in  the  act  for  the  defence  of  the 
colony,  chap.  864,  passed  April  9th. 


GEORGE  CLINTON,  1748.  463 

colonies ;  and  as  the  necessary  measures  to  be  taken  in  con- 
sequence of  his  Majesty's  directions,  for  the  protection  arid 
defence  of  the  Six  Indian  Nations,  anfr  for  preserving  their 
friendship,  and  keeping  them  strictly  and  inseparably  al- 
lied to  his  Majesty,  cannot  but  have  a  very  good  effect,  and 
must  raise  a  hearty  disposition  in  them,  to  join  with  us  in 
any  attempt  against  the  common  enemy.  I  think  this  favor- 
able opportunity,  to  concert  and  carry  into  execution  some 
vigorous  enterprise,  ought  not  to  be  lost ;  therefore  I  hope 
you  will,  on  your  parts,  concur  cheerfully  with  the  other 
governments,  in  taking  advantage  of  this  critical  juncture. ' ' 

March  4.  The  Governor  sent  the  following  message  to 
the  Assembly: 

"  Upon  finding  that  I  could  not  retain  thirteen  companies 
in  the  pay  of  this  Province,  out  of  the  levies  raised  for  the 
intended  expedition  against  Canada,  I  applied  (by  advice 
of  Council)  to  the  Governor  of  the  colony  of  Connecticut, 
to  raise  three  companies  there;  in  the  meantime  frequent 
applications  were  made  to  me  by  the  inhabitants  of  Kin- 
derhook,  for  one  or  two  of  these  companies ;  but  the  officers 
at  Connecticut,  (to  whom  I  had  given  my  recruiting  order) 
being  disappointed  of  their  expected  success,  I  was  under  a 
necessity  of  sending  a  company  raised  by  Capt.  Tenbrook 
to  that  settlement;  since  which  Governor  Law  acquaints 
me  that  the  three  companies  are  raised  in  his  government, 
which  is  one  more  than  was  provided  for  by  the  last  Gen- 
eral Assembly;  but  as  this  company  has  been  raised, 
clothed  and  armed,  at  the  expense  of  the  officer,  I  recom- 
mend it  to  you  to  take  it  into  the  pay  of  this  Province,  as 
an  additional  security  to  the  frontiers,  being  informed 
from  Connecticut  that  unless  this  company  is  provided  for 
now,  it  will  discourage  their  people  from  enlisting  on  such 
occasions. 

G.  CLINTON." 


464  MESSAGES  FROM  THE  GOVERNOB. 

March  30.  The  Governor  in  the  following  message  con- 
tinued his  observations  concerning  the  conduct  of  the  war : 

*  *  I  need  not  repeat  to  you  of  how  great  importance  it 
is  to  all  the  British  Colonies  in  North  America  to  join 
together  in  concerting  measures  for  annoying  the  common 
enemy;  and  that  a  vigorous  exertion  of  our  united  strength 
cannot  but  afford  us  well-grounded  hopes  of  success  in  any 
enterprise  against  them;  and  as  a  readiness  shown  on  the 
part  of  this  government  may  be  an  inducement  to  the  other 
colonies  to  engage;  I  do  therefore  (with  the  advice  of  his 
Majesty's  Council)  recommend  it  to  you  to  set  the  exam- 
ple; and  as  I  have  received  information  that  the  French 
are  employing  all  their  arts  to  withdraw  the  Six  Nations 
of  Indians  from  their  dependence  on  his  Majesty,  it  is 
become  necessary  to  undertake  some  expedition  against 
them  at  this  time  as  the  most  effectual  measure  to  retain 
the  Indians  in  his  Majesty's  interest. 

That  you  may  the  more  cheerfully  declare  yourselves  on 
this  head,  I  must  observe  to  you  that  his  Majesty  has 
signified  his  approbation  of  such  an  undertaking;  I  must 
likewise  observe  to  you  that  by  the  measure  already  taken 
by  me,  in  conjunction  with  Governor  Shirley,  and  others 
to  be  taken,  in  consequence  of  his  Majesty's  orders  to  us, 
the  Governments  joining  in  this  undertaking  will  be  eased 
of  a  large  article  of  the  expense  which  would  attend  an 
enterprise  of  this  kind,  to  wit,  that  of  protecting  the  In- 
dians and  engaging  and  employing  them  against  the  com- 
mon enemy;  and  in  case  of  success  (which  we  have  reason 
to  expect,  from  a  union  of  hearts  and  hands  in  the  com- 
mon cause)  I  will,  in  conjunction  with  Governor  Shirley, 
maintain  any  forts  that  may  be  taken  from  the  enemy  at 
the  expense  of  the  Crown. 

These,  Gentlemen,  are  such  weighty  considerations  as 
I  think  must  prevail  on  you  to  show  your  zeal  on  this  oc- 
casion ;  let  not  therefore  this  favorable  opportunity  be  lost 


GEOKGE  CLINTON,  1748.  465 

to  embrace  his  Majesty's  gracious  favor,  and  by  your 
readiness  set  an  example  to  the  other  colonies  to  engage 
them  in  a  measure  calculated  for  his  Majesty's  service,  and 
the  visible  interest,  if  not  the  safety,  of  all  the  northern 
colonies. 

For  your  information  I  have  ordered  some  papers  to  be 
laid  before  you. 

G.  CLINTON." 

At  the  same  time  the  Governor  transmitted  copies  of 
papers  received  from  Governor  Shirley  and  also  from  Col. 
William  Johnson. 

The  Assembly  considered  the  last  message,  and  on  the 
31st  of  March,  adopted  the  report  of  a  committee,  express- 
ing the  opinion  that  this  colony  ought  heartily  and  cheer- 
fully to  join  "  with  the  other  colonies  on  the  Continent, 
in  any  well  concerted  scheme  for  their  mutual  defence,  and 
the  effectual  annoyance  of  the  common  enemy,  and  that 
provision  be  accordingly  made  for  the  Commissioners  ap- 
pointed on  the  part  of  this  Colony  to  meet  with  such  as 
may  be  appointed  by  the  other  governments,  to  treat  and 
conclude  on  the  most  proper  measures  for  these  purposes." 

June  21.  The  Governor  sent  the  following  message  to 
the  Assembly: 

In  my  speech  on  the  12th  of  February  last  I  recom- 
mended to  you  to  make  provision  for  several  services  that 
had  incurred,  or  were  necessary  to  be  done  at  the  public 
expense ;  but  as  the  season  of  the  year  did  not  then  permit 
you  to  provide  for  them,  I  shall  order  the  particulars 
thereof  to  be  again  laid  before  you,  and  recommend  them 
to  your  consideration,  not  doubting  but  they  will  have 
their  due  weight  in  your  deliberations. 

Since  your  recess  I  have  taken  all  the  precautions  in 
my  power,  at  his  Majesty's  expense,  to  preserve  the  affec- 
tions of  the  Six  Nations  of  Indians  in  the  British  interest, 
30 


466  MESSAGES  FROM  THE  GOVERNOR. 

by  sending  Col.  Johnson  among  them;  and  he  has  suc- 
ceeded so  well  that  he  has  prevented  their  going  to  Canada 
until  I  can  have  an  interview  with  them;  and  although 
they  have  declared  themselves  fully  attached  to  our  ser- 
vice yet  it  appears  to  me  by  the  treaty  which  that  Gentle- 
man has  had  with  them,  (which  I  have  ordered  to  be  laid 
before  you,  with  an  extract  from  his  letter)  that  there  is 
the  greatest  danger  of  a  total  defection  of  those  tribes  to 
the  French  interest,  unless  we  can  give  them  proof  of  the 
sincerity  of  our  professions,  by  speedily  and  resolutely 
joining  with  them  in  prosecuting  some  enterprise  against 
the  enemy ;  therefore  I  hope  you  will  readily  unite  with  the 
governments!  of  Massachusetts  Bay  and  Connecticut  in 
executing  the  agreement  entered  into  with  them;  as  the 
advancement  of  the  King's  service,  the  safety  of  the  Pro- 
vince, and  the  well-being  of  the  inhabitants  greatly  depend 
thereon;  and  you  may  be  assured  of  all  the  assistance  in 
my  power,  in  conjunction  with  Governor  Shirley,  to  en- 
courage the  Indians  to  do  their  parts  for  the  reduction  of 
Crown  Point,  or  to  carry  on  some  other  acts  of  hostility 
against  the  enemy;  and  I  refer  you  to  a  message  of  the 
General  Court  of  the  Massachusetts  Bay  to  Governor 
Shirley  on  this  occasion,  a  copy  of  which  I  have  ordered  to 
be  laid  before  you. 

I  have  invited  the  Six  Nations  of  Indians,  and  their  allies, 
to  meet  me  at  Albany  the  beginning  of  next  month,  in  order 
to  partake  of  the  presents  his  Majesty  has  been  graciously 
pleased  to  send  them;  but  I  am  informed  it  will  tend  to 
little  purpose  to  give  those  presents  unless  an  act  is  passed 
before  that  time,  forbidding  all  persons  whatsoever,  to  buy 
or  exchange  any  arms,  ammunition,  clothing,  &c.  from  any 
Indian  of  the  Six  Nations,  or  their  allies,  or  to  sell  them 
any  rum,  or  other  spirituous  liquors,  under  certain  penal- 
ties, without  a  license  from  me,  or  the  Commander-in-Chief 


GEORGE  CLINTON,  1748.  467 

for  the  time  being;  and  I  recommend  it  to  yon  to  prepare 
an  act  for  that  purpose  before  I  go.9 

Capt.  Armstrong,  his  Majesty's  engineer  for  this  Pro- 
vince, has  delivered  me  his  report,  touching  the  present 
state  and  condition  of  the  fortifications  of  this  City ;  and  as 
several  reparations  and  buildings  are  immediately  want- 
ing for  the  security  of  the  city,  I  must  recommend  it  to  you 
to  take  the  same  into  your  serious  consideration,  and  pro- 
vide amply  for  the  works  he  has  advised  to  be  done,  agree- 
able to  his  report  herewith  delivered  to  you. 

I  have  ordered  to  be  laid  before  you  copies  of  two  letters, 
with  some  affidavits,  which  I  received  from  the  President 
and  Council  of  the  Province  of  Pennsylvania,  representing 
the  dangers  our  trade  is  exposed  to  from  several  priva- 
teers infesting  our  coast;  and  as  the  protection  of  trade  is 
of  the  utmost  consequence  to  this  Province,  I  cannot  doubt 
of  your  falling  upon  some  expedient  for  the  preservation 
of  it  from  the  attempts  of  the  enemy. 

I  have  ordered  an  extract  from  a  letter  of  the  Governor 
of  Canada  to  Governor  Shirley,  to  be  laid  before  you, 
wherein  he  complains  of  there  being  no  cartel,  or  rules 
settled  for  the  exchange  of  prisoners,  between  this  govern- 
ment and  Canada ;  and  you  may  see  from  that  extract  what 
may  be  the  consequence  in  case  something  is  not  done  for 
that  end;  I  must  thersfore  recommend  to  you  to  provide 
for  the  necessary  expense  which  must  attend  the  mainte- 
nance and  exchange  of  prisoners,  and  redeeming  from  cap- 
tivity such  of  the  inhabitants  of  this  Province,  and  Indians 
belonging  to  the  Six  Nations,  as  have  had  the  misfortune 
to  fall  into  the  hands  of  the  enemy  in  Canada;  but  espe- 
cially for  the  redemption  of  those  who  are  in  the  custody 
of  the  French  Indians,  and  which  must  be  attended  with 
greater  expense  than  what  usually  attends  the  exchange  or 


9  An  act,  chap.  869,  passed  July  1st  prohibited  buying  from  or  exchanging 
v.-ith  the  Indians,  arms,  ammunition,  clothing  or  presents. 


468  MESSAGES  FROM  THE  GOVERNOR. 

ransom  of  prisoners  in  other  cases,  as  they  are  a  barba- 
rous enemy.  I  must  also  recommend  to  you  to  provide  for 
the  usual  rewards  given  by  this  Province  for  scalps  and 
prisoners  taken  from  the  enemy.  (See  note  5.) 

On  the  18th  of  February  last  I  appointed  William  John- 
son, Esq.,  colonel  of  the  levies  raised  for  his  Majesty's 
service  in  defence  of  this  Province,  and  annoyance  of  the 
enemy;  and  being  satisfied  that  this  Gentleman  has  taken 
particular  pains  in  regulating  the  disposition  of  those 
troops  to  the  best  advantage  for  the  defence  and  security 
of  the  country,  I  expect  you  will  make  him  a  suitable  allow- 
ance for  the  care  and  expenses  that  must  attend  that  com- 
mand; and  as  the  enemy  make  frequent  attempts  upon*the 
inhabitants  in  the  frontiers,  I  must  recommend  to  you,  to 
continue  the  troops  posted  there  in  the  pay  of  the  Province, 
till  we  can  find  a  better  remedy  for  their  protection.10 

I  have  received  a  letter  from  the  Governor  of  Connecti- 
cut, informing  me  that  a  number  of  his  Majesty's  subjects 
in  that  government  are  willing  to  enter  into  the  pay  of  this 
colony,  to  go  as  out-scouts  against  the  enemy,  upon  a  cer- 
tain encouragement  contained  in  his  letter,  to  which  I  refer 
you. 

GENTLEMEN. — The  affairs  which  I  have  recommended  to 
you  demand  dispatch,  and  I  persuade  myself  it  will  appear 
by  your  proceedings  and  resolutions  that  you  have  that 
just  and  hearty  concern  for  the  common  interest  of  your 
country  which  its  importance  requires. 

G.  CLINTON." 

June  27.  The  suggestion  that  the  Governor  had  unlaw- 
fully interfered  in  the  administration  of  the  law  by  civil 
tribunals,  was  considered  by  him  in  the  following  message : 

"  I  find  by  a  motion  of  Col.  Beekman's  to  the  House,  of 

10  This  recommendation  was  included  in  the  act,  chap.  868,  for  salaries  and 
contingencies  passed  April  9th,  which  appropriated  eight  thousand  four  hun- 
dred ninety  pounds  for  the  pay  of  eight  hundred  effective  men  already  in 
service  on  the  frontiers. 


GEOEGE  CLINTON,  1748.  469 

the  24th  instant,  that  by  a  letter  which  I  wrote  to  the  Judge 
of  Dutchess  County,  and  two  letters  which  my  secretary 
wrote  to  the  sheriff  and  clerk  of  said  county,  by  my  orders, 
touching  some  deserters,  suing  their  Captain  Josiah  Boss 
for  their  pay,  it  is  insinuated  as  if  I  intended  to  overthrow 
the  whole  course  of  legal  proceedings. 

In  these  letters  I  only  recommended  to  the  officers  of 
the  Court  to  put  a  stop  to  the  claims  of  those  deserters  who 
went  off  with  his  Majesty's  arms  and  clothing,  whereby 
they  forfeited  all  pay  due  to  them  from  the  crown ;  if  such 
a  step  taken  can  in  the  most  extensive  light,  be  construed 
any  violation  of  the  laws,  or  a  grievance  upon  the  people, 
it  was  done  through  inadvertency ;  as  I  never  had  an  inten- 
tion to  infringe  upon  any  man's  right  or  property;  and  i_f 
the  public  have  received  any  damage  thereby,  I  am  ready 
to  redress  it. 

G.  CLINTON." 

July  1.    The  Assembly  adjourned  to  the  9th  of  August. 


1748.     SEPTEMBER.     TWENTY-FIFTH   ASSEMBLY,  SECOND   SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  had  been  adjourned  to  the  9th  of  August, 
but  it  did  not  meet  until  September  20,  and  was  then  ad- 
journed to  October  12.  On  the  14th  the  Governor  delivered 
the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  congratulate  you  on  the  near  prospect  there  is  of  so 
great  peace  which  we  have  reason  to  hope  Is  on  a  solid  and 
lasting  foundation,  since  it  is  to  be  made  with  the  consent 
of  all  the  powers  engaged  in  the  war;  but  as  we  have  no 
accounts  that  the  peace  is  finally  concluded,  we  ought  to 


470  MESSAGES  FROM  THE  GOVERNOR. 

take  the  necessary  precautions  for  the  security  of  the 
Province  on  all  events,  and  more  is  necessary  in  this  Pro- 
vince than  in  other  parts  of  his  Majesty's  dominions  dis- 
tant from  Canada. 

If  any  among  the  French  in  Canada  should  not  be  well 
disposed  towards  us,  they  may  even  in  case  of  a  peace 
privately  set  the  Indians  to  do  mischief;  and  I  think 
therefore,  that  the  troops  in  the  pay  of  this  Province  and 
remaining  in  the  county  of  Albany  ought  to  be  continued 
some  time  longer  till  the  inclinations  of  the  French  in 
Canada  and  of  their  Indians  be  known  and  we  have  reason 
to  think  that  the  inhabitants  of  the  frontiers  are  in  safety.1 
We  have  the  more  reason  to  be  on  our  guard,  since  I  can- 
not agree  to  the  terms  offered  for  a  mutual  release  of 
prisoners  on  the  part  of  the  Governor  of  Canada  by  the 
officer  sent  by  him  to  me,  consistently  with  that  regard 
which  I  have  for  the  security  and  safe  return  of  his  Maj- 
esty's subjects  of  this  Province  who  have  the  misfortune 
to  be  prisoners  in  Canada. 

I  have  given  orders  that  some  persons  be  sent  from  Al- 
bany to  propose  more  equitable  terms  to  the  Governor  of 
Canada  for  the  mutual  restoring  of  prisoners  than  those 
which  have  been  proposed  to  me  on  his  part,  and  you  may 
be  assured  that  nothing  shall  be  wanting  on  my  part  to 
procure  a  safe  and  speedy  return  of  all  the  British  subjects 
prisoners  in  Canada  that  is  in  my  power  to  do. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — As  this  is  the 
session  in  which  you  propose  to  provide  for  the  services  of 
the  current  year,  I  think  it  proper  to  observe  to  you  that  in 
the  time  of  Governors  Hunter,  Burnet,  Montgomery  and 
Cosby,  the  establishment  for  the  payment  of  the  governors, 
secretaries,  judges  and  other  officers'  salaries  were  made 


l  Following  an  Assembly  resolution  of  October  20th  (see  special  message, 
October  24th),  an  act,  chap.  872,  was  passed  October  28th,  in  effect  discontinu- 
ing the  pay  of  certain  troops  after  the  1st  of  November. 


GEORGE  CLINTON,  1748.  471 

at  the  entrance  of  each  of  those  gentlemen  upon  his  admin- 
istration, for  the  term  of  five  years  by  an  act  entitled  *  *  An 
Act  for  the  support  of  his  Majesty's  government  within 
this  Province  ";  but  that  upon  my  coming  to  the  adminis- 
tration in  the  year  1743,  instead  of  making  the  usual  es- 
tablishment for  the  payment  of  those  salaries,  the  Assem- 
bly passed  an  act  entitled  "An  act  for  the  payment  of  the 
salaries,  services  and  contingencies  therein  mentioned,  until 
the  first  of  September,  1744,"  and  have  continued  this 
method  of  granting  the  salaries  for  supporting  the  gov- 
ernor and  other  officers  of  the  government  from  year  to 
year  ever  since. 

The  inclination,  Gentlemen,  with  which  I  came  to  the  ad- 
ministration of  his  Majesty's  government  in  this  Province 
to  do  everything  for  the  ease  and  satisfaction  of  the  people 
which  was  consistent  with  my  duty  to  the  King  as  his  Gov- 
ernor, and  the  confidence  I  placed  in  the  advice  then  given 
me  that  the  method  proposed  by  that  act  for  making  pro- 
vision for  the  payment  of  salaries  to  the  several  officers  of 
his  Majesty's  government,  would  not  be  attended  with  any 
inconveniences,  induced  me  to  give  my  assent  to  the  act; 
and  the  rupture  with  France  which  ensued  before  the  time 
of  year  came  round  again  for  providing  for  the  payment 
of  salaries,  and  which  has  continued  till  the  late  ratifica- 
tion of  the  preliminary  articles  for  a  general  pacification 
at  Aix  La  Chappelle,  has  prevented  me  from  refusing  as- 
sent to  the  acts  passed  in  the  three  subsequent  years  for 
the  same  purpose,  being  unwilling  to  move  any  point  which 
might  interfere  with  the  Assembly's  attention  to  other 
important  affairs  of  his  Majesty's  service  and  the  general 
interest  of  this  and  his  other  colonies  in  North  America 
depending  upon  them  during  the  course  of  the  war. 

But  now  that  the  conclusion  of  the  war,  and  the  exper- 
ience I  have  had  of  the  tendency  of  these  new  acts  in  many 
points  to  weaken  his  Majesty's  government  in  this  Pro- 


472  MESSAGES  PROM  THE  GOVERNOR. 

vince,  have  made  it  my  indispensable  duty  to  take  the  first 
opportunity  of  putting  a  stop  to  these  innovations ;  I  must 
acquaint  you  that  I  do  not  think  myself  at  liberty  to  give 
my  assent  to  the  like  acts  for  the  future,  and  therefore  I 
earnestly  recommend  it  to  you  to  make  the  same  provision 
for  the  payment  of  salaries  that  former  Assemblies  did, 
during  the  administrations  of  my  four  immediate  predeces- 
sors, Chief  Governors  of  this  Province;  and  I  hope  the 
same  spirit  of  loyalty  to  his  Majesty's  government  which 
animated  those  Assemblies,  will  induce  you  likewise  to 
comply  with  what  I  propose.2 

GENTLEMEN. — I  am  not  seeking  any  personal  advantage 
for  myself,  or  the  other  officers  of  his  Majesty's  govern- 
ment by  an  augmentation  of  any  salary  in  what  I  now  re- 
commend to  you,  and  if  you  think  it  more  agreeable  to  the 
rights  of  the  people  that  the  sums  to  be  paid  for  every 
officer's  salary  should  be  expressed  in  the  act  instead  of 
having  it  intrusted  with  the  Governor  and  Council,  as  was 
the  usual  method  before,  I  shall  not  oppose  it  in  the  least. 

You  must  be  sensible,  Gentlemen,  that  I  am  not  offering 
to  you  any  innovation  in  the  method  of  providing  for  the 
support  of  his  Majesty's  government  established  by  for- 
mer Assemblies,  but  only  endeavoring  to  put  an  end  to 
those  lately  introduced,  and  to  put  his  Majesty's  govern- 
ment in  this  respect  on  the  same  foot  it  stood  upon  in  the 
time  of  my  predecessors,  Chief  Governors  of  this  Province, 
by  name,  not  to  the  officers  for  the  time  being,  which  I 


2  The  Legislature  adhered  to  the  policy  of  annual  appropriations,  and  by 
an  act,  chap.  871,  for  the  support  of  government,  passed  October  28th,  con- 
tinued former  acts  "  from  the  first  day  of  December  next,  until  the  first  day 
of  January,  1749."  This  act  having  been  passed  in  October,  1748,  the  last 
date,  1749  is  apparently  an  error  for  1750;  otherwise  the  act  on  its  face 
would  have  been  in  force  only  one  month.  No  act  for  this  purpose  was  passed 
in  1749,  but  an  act  was  passed  in  September,  1750,  chap.  876,  continuing  former 
appropriation  acts,  and  in  which  it  is  said  that  those  acts  had  been  continued 
in  force  until  the  1st  of  January,  1750. 


GEORGE  CLINTON,  1748.  473 

conceive  to  be  my  duty  to  do,  and  necessary  for  his  Maj- 
esty's service  that  it  should  be  done. 

It  would  be  too  prolix  for  me  to  enter  here  into  a  par- 
ticular detail  of  the  inconveniences  which  attend  the  new 
method  of  providing  for  the  support  of  his  Majesty's  gov- 
ernment; but  shall  observe  only  some  of  the  objections  I 
have  to  it,  viz.  That  the  establishment  for  my  own  salary 
and  allowance,  and  the  other  salaries  and  services  usually 
provided  for  in  former  acts  of  Assembly,  are  now  made 
from  year  to  year  instead  of  the  term  of  five  years;  that 
many  new  grants  and  matters  of  a  different  nature  are  in- 
termixed in  those  grants,  and  tacked  to  the  grants  for  my 
own  support  and  of  the  other  salaries  and  payments  which 
were  usually  joined  with  that,  and  that  these  acts  are 
passed  the  last  of  the  several  sessions  and  that  the  grants 
made  to  the  chief  justice  and  other  justices  of  the  supreme 
court  and  some  other  officers  are  made  to  them  personally 
by  name,  not  to  the  officers  for  the  time  being,  which  I 
mention,  Gentlemen,  in  hopes  that  you  will  avoid  doing  the 
same  in  your  grants  to  be  passed  this  session. 

Colonel  Johnson  informs  me  that  he  has  not  been  paid  a 
debt  of  two  thousand,  one  hundred  and  thirty-eight  pounds, 
due  to  him  by  this  Province,  and  which  was  al- 
lowed and  ordered  to  be  paid  him  by  an  act 
passed  last  session  entitled  "An  act  to  make  pro- 
vision for  several  services  for  the  defence  and  se- 
curity of  the  frontiers,  and  other  purposes  therein  men- 
tioned ' ' ;  and  that  the  reason  given  by  the  Treasurer  why 
he  did  not  pay  that  sum  is  that  the  fund  out  of  which  this 
money  is  to  be  paid  is  surcharged  sixteen  hundred  pounds. 
The  honor  of  this  government  is  engaged  that  a  debt  so 
just  and  so  long  due  be  speedily  paid.  The  hardships 
this  gentleman  is  under  by  being  kept  out  of  so  large  a  sum 
and  for  so  long  a  time,  made  him  unwilling  to  undertake 
the  supplying  of  the  garrison  at  Oswego,  as  became  neces- 


474  MESSAGES  FROM  THE  GOVERNOR. 

sary  at  the  time  the  relief  was  last  sent  thither ;  but  I  pre- 
vailed upon  him  to  do  it,  upon  my  repeated  instances,  from 
the  danger  that  garrison  would  otherwise  be  in  by  the  want 
of  necessary  supplies.  I  am  persuaded  that  I  need  only  men- 
tion those  two  debts  in  order  to  your  granting  money  suffi- 
cient for  the  discharge  of  them,  and  his  other  demands, 
which  I  shall  order  to  be  laid  before  you. 

I  must  likewise  recommend  to  you  to  make  provision  for 
paying  the  arrears  due  to  the  troops  paid  by  this  colony, 
and  for  continuing  so  many  of  them  as  are  at  this  time  on 
the  frontiers,  and  for  such  time  as  shall  be  necessary  for 
the  security  of  the  frontiers8,  as  likewise  for  the  expense 
which  has  arisen  or  shall  arise  by  sending  and  receiving 
messengers  or  otherwise,  for  the  exchange  of  prisoners, 
and  for  completing  and  finishing  the  Governor's  house  and 
stables;  I  shall  direct  that  proper  accounts  and  estimates 
be  laid  before  you  for  these  purposes. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  shall  do  everything  in  my  power  which  may  contribute  to 
the  safety  and  prosperity  of  this  Province  with  your  as- 
sistance, and  I  shall  (after  I  receive  certain  intelligence  of 
the  event  of  the  Treaty  of  peace)  lay  before  you  what  I 
shall  then  think  necessary  for  the  good  of  the  people  under 
my  care. 

G.  CLINTON. 

Fort  George  in  the  City  of  New  York 
the  14th  day  of  October  1748. 

SPECIAL  MESSAGES. 

October  18.  Transmitting  a  letter  signed  by  several 
captains  of  the  new  levies  on  the  frontiers,  dated  at  Albany 
the  12th  instant,  relating  to  the  state  and  condition  of  the 
forces  under  their  command;  together  with  several  ac- 
counts of  disbursements  for  the  public  service. 

[a]  See  note  1. 


GEOKGE  CLINTON,  1748.  475 

October  19.     Thanking  the  Council  for  its  address. 

October  21.  The  Assembly  having  prepared  an  address 
to  the  Governor  recommending  a  reduction  of  the  forces 
on  the  frontier,  suggesting  that  the  Governor,  if  he  had  not 
been  restrained  by  specific  appropriations  for  judicial 
salaries  would  have  appointed  an  unworthy  person  as  one 
of  the  judges,  and  announcing  its  determination  to  con- 
tinue the  policy  of  annual  appropriations,  the  Governor 
sent  the  following  answer: 

1 1  Two  of  your  members  brought  me  a  copy  of  an  address 
which  you  propose  to  make  to  me,  with  a  message  to  know 
when  I  would  receive  it;  there  is  a  decency  to  be  observed 
in  all  addresses  from  your  House  to  your  Governor,  who 
in  this  case  represents  the  King  from  whom  he  receives 
his  authority;  but  in  the  paper  brought  to  me  you  have 
had  no  regard  to  decency,  and  therefore  I  think  it  no  way 
proper  for  me  to  receive  such  an  address;  however,  that 
the  business  now  before  you  may  be  at  no  stand  on  this 
account,  I  now  send  this  answer  to  everything  in  that 
paper,  which  I  think  can  be  of  any  use  to  you  to  know. 

You  know  that  I  can  have  no  private  interest  in  desiring 
you  to  continue  the  forces  in  the  pay  of  this  colony  and  now 
posted  on  the  frontiers;  my  only  view  in  it,  is  the  safety 
of  the  inhabitants  there ;  though  the  prospect  of  peace  may 
seem  near,  yet  we  have  no  account  of  its  being  finally  con- 
cluded, and  I  believe  no  instance  can  be  given  that  any 
nation  disbanded  their  forces  before  a  peace  was  concluded. 

We  may  have  reason  to  fear  from  the  well  known  temper 
of  the  Indians  that  we  are  not  safe  from  their  hostilities, 
notwithstanding  of  the  cessation  of  arms  now  subsisting 
between  the  powers  at  war;  I  think  it  my  duty  to  take  care 
of  the  people  committed  to  my  charge  on  all  events  and  in 
the  manner  I  proposed,  but  this  I  cannot  do  without  your 
assistance. 

It  was  not  easy  to  find  proper  persons  to  send  with  the 


476  MESSAGES  FROM  THE  GOVERNOR. 

prisoners  which  were  sent  to  be  exchanged  in  Canada;  it 
was  in  time  of  war,  when  the  skulking  Indian  parties  were 
abroad;  and  I  am  informed  that  the  persons  which  I  then 
sent  were  in  great  danger  from  a  party  of  French  Indians 
that  fell  in  with  them.  I  have  reason  to  think  that  Mr. 
Williams,  the  person  I  intrusted,  behaved  properly,  since 
the  Governor  of  Canada  declared  that  he  was  well  pleased 
with  his  behavior,  and  that  on  that  account  he  had  released 
several  prisoners  more  than  he  had  intended ;  and  the  pris- 
oners now  in  Canada  have  certified  to  me  that  they  are 
satisfied  that  Captain  Williams  has  done  the  utmost  of  his 
endeavors  to  procure  the  release  of  those  whom  he  in  con- 
science thought  stood  most  in  need  of  it. 

I  have  since  desired  the  Gentlemen  of  the  Council  to 
name  such  persons  as  they  thought  would  be  most  proper 
to  go  back  with  the  French  Gentlemen,  who  came  hither 
for  the  exchange  of  prisoners,  in  order  to  procure  a  gen- 
eral release  of  all  the  inhabitants  of  this  Province,  and  not 
any  one  of  them  named  any  person ;  but  said  that  they  could 
not  think  of  any  person  of  distinction  that  would  be  willing 
to  go,  though  at  this  time  the  cessation  of  arms  takes  place 
and  they  were  to  go  in  company  with  the  French  officers 
who  returned  to  Canada.  The  season  of  the  year  did  not 
admit  of  delay  least  the  unfortunate  people  who  are  nc\v 
prisoners  in  Canada  should  be  put  under  the  hardship  of 
remaining  in  prison  during  the  winter  in  that  severe  cli- 
mate; and  as  all  of  them  are  inhabitants  of  the  county  of 
Albany,  I  thought  proper  persons  were  most  likely  to  be 
found  there;  and  my  intention  was  that  such  persons 
should  be  sent  as  would  have  the  relief  of  their  unfortunate 
brethren  most  at  heart,  but  now  I  am  afraid  that  my 
endeavors  for  the  relief  of  these  objects  of  compassion  may 
be  obstructed  by  the  doubts  which  may  be  entertained  of 
your  paying  the  necessary  expense  on  such  an  occasion. 

You  are  pleased  in  that  paper  to  give  me  characters  of 


GEORGE  CLINTON,  1748.  477 

some  persons  that  I  have  had  better  opportunities  to  know 
them  than  you  can  have  had;  however,  I  believe  that  by 
this  paper  some  men's  characters  will /be  evident  to  every 
man  who  shall  read  it  and  has  the  least  sense  of  honor. 

I  must  again  tell  you  that  I  am  not  at  liberty  to  give 
my  assent  to  any  bill  for  the  payment  of  the  officers'  sal- 
aries in  the  method  lately  introduced  till  I  shall  know  his 
Majesty's  pleasure  thereon;  by  this  none  can  suffer  but 
myself,  and  the  officers  of  the  government,  notwithstanding 
of  this,  you  may  provide  for  the  arrears  which  shall  be 
due  to  the  forces  in  the  pay  of  this  Colony,  that  they  may 
be  disbanded  as  soon  as  possible,  since  you  do  not  think 
them  necessary,  and  for  the  payment  of  the  other  debts  and 
services  which  I  recommended  to  you. 

Whatever  your  conduct  may  be  towards  me,  I  shall  not 
so  far  forget  my  duty  as  to  refuse  my  assent  to  any  bill 
which  you  shall  prepare,  and  appears  to  me  to  be  for  his 
Majesty's  service  and  the  safety  or  welfare  of  the  people 
committed  to  my  care ;  and  I  shall  likewise  do  you  this  jus- 
tice to  take  care  that  a  copy  of  the  paper  which  you  call 
an  address  be  carefully  transmitted  to  his  Majesty's  min- 
isters, that  his  Majesty's  pleasure  may  be  known  thereon. 

G.  CLINTON." 

Also  transmitting  several  accounts  for  public  service. 

October  24.  In  response  to  the  Assembly's  resolution 
of  the  20th  to  discontinue  the  pay  of  certain  troops  after 
the  1st  of  November,  and  of  others  at  an  earlier  date,  the 
Governor  said  that  the  Council  had  advised  that  the  troops 
be  disbanded,  and  he  recommended  that  the  arrears  for 
pay  and  victualling  be  at  Albany  by  the  day  that  the  forces 
were  to  be  disbanded;  also  recommending  that  supplies 
be  furnished  for  the  militia  at  Oswego  until  they  can  safely 
return  by  water.  (See  note  1.) 

October  23.    Informing  the  Assembly  that  he  would  as 


478  MESSAGES  FROM  THE  GOVERNOR. 

requested  immediately  give  directions  for  the  return  of 
the  detachment  of  militia  sent  to  Oswego. 

November  8.  Transmitting  an  account  of  services  ren- 
dered by  Peter  de  Joncourt  as  French  interpreter.3 

November  9.  Transmitting  an  account  presented  by 
John  Van  Wyck,  high  sheriff  of  Queens  County,  for  the 
subsistence  of  French  and  Spanish  prisoners.4 

November  10.  Transmitting  an  account  presented  by 
Isaac  Willet,  high  sheriff  of  Westchester  County,  for  the 
subsistence  of  French  and  Spanish  prisoners.  (See  note  4.) 

November  10.  Approving  a  resolution  of  the  Assembly 
requiring  accounts  to  be  verified  in  a  specified  manner; 
also  transmitting  accounts  presented  by  Col.  William 
Johnson. 

November  12.  The  communication  sent  by  the  Governor 
to  the  Assembly  on  the  21st  of  October  in  answer  to  its 
address,  which  contained  some  reflections  on  him,  was  evi- 
dently not  well  received,  for  the  Assembly  on  the  26th  of 
October  adopted  the  following  resolutions: 

11  That  it  is  irregular  and  contrary  to  the  course  of  par- 
liamentary proceedings  for  the  House  to  send  the  copy  of 
any  address  to  his  Excellency  which  is  to  be  presented  to 
him  by  the  whole  House,  or  any  committee  thereof,  and  that 
his  Excellency  has  no  right  to  insist  on  any  such  copy. 

That  it  is  the  undoubted  right  of  this  House  to  have 
access  to  his  Excellency  for  transacting  the  public  business 
of  this  colony. 

That  his  Excellency's  denying  access  to  this  House  in 
order  to  present  their  humble  address  to  him,  is  a  manifest 
violation  of  the  rights  and  privileges  of  this  House,  is  con- 
trary to  his  solemn  promise  made  to  the  Speaker  when  pre- 
sented to  him  for  his  approbation,  and  evidently  tends  to 

3  An  appropriation  for  Peter  de  Joncourt,  Indian  interpreter,  was  made  by 
an  act  to  pay  the  debts  of  the  colony,  chap.  900,  passed  November  24,  1750. 

*  An  appropriation  to  pay  the  claims  of  John  Van  Wyck  and  Isaac  Willet 
for  subsistence  of  French  and  Spanish  prisoners  was  made  by  the  act  to  pay 
the  debts  of  the  colony,  passed  November  24,  1750,  chap.  900. 


GEORGE  CLINTON,  1748.  479 

the  destruction  of  all  intercourse  between  the  several 
branches  of  the  Legislature,  and  consequently  to  the  utter 
subversion  of  the  constitution  of  this  Colony." 

/ 

The  Governor  called  a  joint  meeting  of  the  two  Houses 
on  the  12th  of  November,  and  after  disposing  of  certain 
bills,  delivered  the  following  speech  to  the  Assembly : 

1  *  I  think  it  now  a  proper  time  to  make  some  remarks  on 
your  printed  resolves  of  the  26th  of  last  month,  wherein 
you  charge  me  with  a  breach  of  my  solemn  promise  and 
with  a  violation  of  your  rights  and  privileges  by  refusing 
to  receive  an  address  from  your  House. 

It  cannot  be  doubted  but  that  there  is  a  certain  respect 
to  be  observed  by  you  towards  your  Governor  in  all  inter- 
course between  him  and  you ;  and  that  it  is  his  duty  to  pre- 
serve the  dignity  of  the  King's  authority,  so  far  as  he  is 
entrusted  with  it ;  The  Governor  must  judge  for  him,  when 
he  thinks  that  just  respect  is  neglected;  and  therefore,  as 
you  first  broke  in  upon  the  undoubted  rules  of  decency  by 
that  address  which  you  intended  to  make  you  are  only  to 
bear  the  blame  if  any  inconveniences  or  prejudices  ensue, 
from  your  disrespect  to  your  Governor. 

You  claim  the  same  privileges  with  the  House  of  Com- 
mons of  Great  Britain.  The  Speaker  of  the  House  of 
Commons,  after  having  been  approved  of  by  the  King, 
desires,  that  as  often  as  necessity  for  his  Majesty's  service 
and  the  good  of  the  commonwealth  shall  require,  he  may, 
by  direction  from  the  House  of  Commons,  have  access  to 
his  royal  person.  It  is  not  that  the  Speaker  shall  have 
access  whenever  he  pleases,  but  only  when  his  Majesty's 
service  and  the  good  of  the  commonwealth  shall  require. 
The  privilege  of  access  I  never  denied  you ;  but  then  I  have 
a  right  to  judge  as  well  as  you  whether  the  access  you 
desire  be  for  his  Majesty's  service  and  the  good  of  the 
commonwealth;  and  that  it  be  made  with  due  respect,  other- 


480  MESSAGES  FROM  THE  GOVERNOR. 

ways  you  claim  a  superiority  over  me,  inconsistent  with  the 
constitution  of  this  government. 

In  whatever  your  Governor  and  you  differ,  there  is  a 
legal  method  for  redress.  In  my  message  to  you  I  told 
you  that  I  would  do  the  justice  to  send  a  copy  of  that 
paper,  which  you  call  an  address,  to  his  Majesty's  minis- 
ters ;  which  is  sending  it  to  the  proper  tribunal  for  redress, 
if  I  have  done  you  any  injury  by  my  refusing  to  receive 
it ;  but  you  seem  to  decline  this  legal  method ;  and  by  your 
publishing  that  paper  under  the  name  of  an  address  in 
your  votes,  and  afterwards  in  a  public  newspaper  pub- 
lished by  the  printer  of  your  votes,  you  seem  to  place  the 
dernier  resort  in  all  disputes  between  your  Governor  and 
you  in  the  populace;  how  his  Majesty  may  take  this,  or 
how  a  Parliament  of  Great  Britain  may  take  your  claiming 
not  only  the  privileges  of  Parliament  but  privileges  far 
beyond  what  any  House  of  Commons  ever  claimed,  de- 
serves your  most  serious  consideration.  You  seem  herein 
to  forget  your  dependency ;  I  therefore  think  that  I  cannot 
at  this  time  more  effectually  show  the  concern  I  have  for 
the  people  of  this  Province  than  by  giving  you  time,  coolly 
to  consult  with  your  constituents  on  the  consequences  your 
proceedings  may  have ;  and  that  you  may  do  this  at  a  time 
when  you  are  freed  from  that  influence  which  now  too  evi- 
dently prevails  among  you. 

In  most  of  the  bills  prepared  for  my  assent  you  con- 
tinue so  visibly  to  assume  to  yourselves  the  executive 
power  of  government  that  nothing  could  excuse  my  giving 
my  assent  to  them  but  the  necessity  of  the  service  for  which 
you  grant  the  money,  without  which  those  services  could 
not  be  performed ;  and  as  I  have  reason  to  think  that  you 
persist  in  your  obstinacy  in  assuming  almost  the  whole 
powers  of  government,  it  becomes  necessary  for  me  to  put 
an  end  to  the  present  session. 

I  therefore  think  it  for  his  Majesty's  service  that  the 


GEORGE  CLINTON,  1749.  481 

General  Assembly  be  prorogued  to  the  second  Tuesday  in 
March  next ;  and  this  General  Assembly  is  accordingly  pro- 
rogued to  the  second  Tuesday  in  March  next,  then  to  meet 
here. 

G.  CLINTON." 

November  12.     The   Assembly   was   prorogued  to   the 
second  Tuesday  in  March  1749. 


1749.     JUNE.     TWENTY-FIFTH  ASSEMBLY,  THIRD  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  had  been  prorogued  to  the  second  Tuesday 
in  March,  but  it  did  not  meet  until  June  27.  The  next  day 
the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  congratulate  you  upon  the  re-establishment  of  peace,  by 
which  the  Province  is  freed  from  the  calamities  of  war  to 
which  the  frontiers  of  it  were  exposed  from  a  barbarous 
and  cruel  enemy.1  I  am  not  now  to  incite  you  to  the 
prosecution  of  war,  which  when  most  successful  is  attended 
with  effects  no  ways  desirable,  but  to  the  arts  of  peace  for 
the  future  security  and  prosperity  of  the  people  of  this 
Province;  and  I  assure  you,  Gentlemen,  that  I  will  cheer- 
fully join  with  you  in  everything  which  shall  be  necessary 
for  the  Legislature  to  do  for  this  purpose. 

But,  Gentlemen  of  the  Assembly,  it  can  be  of  little  serv- 
ice to  make  laws  if  they  with  whom  the  executive  powers 


i  Peace  was  restored  for  a  short  time  by  the  treaty  of  Aix-La-Chapelle,  which 
was  concluded  October  18,  1748. 

31 


482  MESSAGES  FROM  THE  Go  VEEN  OR. 

of  government  are  intrusted,  be  disabled  from  putting  them 
in  execution;  and  therefore,  I  must  (previously  to  every- 
thing which  may  be  proper  to  be  recommended  to  you  at 
this  time)  demand  that  you  grant  his  Majesty  a  revenue 
for  the  support  of  his  government  in  this  Province  in  a 
manner  conformable  to  the  directions  of  his  Majesty's 
commission  to  me,  by  the  authority  of  which  you  sit  and 
act,  and  of  the  instructions  which  I  have  received  for  that 
purpose,  and  to  make  provision  for  the  payment  of  the 
debts  justly  due  for  services  done  and  for  the  contingent 
services  of  the  ensuing  year,  in  manner  likewise  conform- 
able to  the  directions  of  his  Majesty's  commission  and  in- 
structions to  me.  In  making  this  demand,  I  ask  nothing 
new,  or  that  any  new  taxes  or  impositions  be  laid  on  his 
Majesty's  subjects  in  this  Province,  or  what  is  not  per- 
fectly consonant  to  the  English  constitution  and  conform- 
able to  the  practice  of  Parliament.  There  are  laws  of  this 
Province  now  in  force  granting  to  his  Majesty  funds  for 
the  support  of  his  government ;  there  is  money  in  the  treas- 
ury for  this  purpose;  and  yet  though  the  moneys  arising 
from  these  funds  are  granted  to  his  Majesty,  he  cannot  (as 
these  laws  now  stand)  make  use  of  one  farthing  of  it  for 
the  purposes  for  which  it  was  granted.  This  is  such  an  in- 
consistency in  itself,  so  contrary  to  our  happy  constitution, 
and  so  prejudicial  to  his  Majesty's  service,  that  it  must  be 
remedied ;  and  therefore,  I  must  demand  of  you,  Gentlemen 
of  the  Assembly,  to  give  me  an  answer  in  direct  and  posi- 
tive terms,  previously  to  your  going  on  any  other  business, 
whether  you  will  grant  his  Majesty  a  revenue  for  support 
of  his  government  conformable  to  his  commission  and 
instruction  to  me,  the  copies  of  which  I  now  deliver  to  you; 
and  may  you  in  giving  your  answer  make  manifest  your 
duty  to  your  King,  your  love  of  the  English  constitution, 
and  your  sincere  regard  to  the  welfare  of  the  people  you 
represent. 


GEORGE  CLINTON,  1749.  483 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
As  soon  as  I  shall  have  received  the  f Assembly's  answer, 
I  shall  lay  before  you  what  I  think  further  necessary  for 
his  Majesty's  service. 

I  am  sensible  that  the  approaching  harvest  may  make 
this  time  of  your  meeting  inconvenient  to  some  of  you,  but 
I  could  not  think  it  proper  to  meet  you  till  I  knew  the 
sentiments  of  his  Majesty's  ministers  in  respect  to  the 
Assembly's  refusing  to  grant  the  support  of  government 
in  the  manner  I  asked  it  last  fall.  And  now  the  pressing 
hardships  that  many  of  the  people  of  this  Province  are 
under  from  their  not  being  paid  large  sums  of  money  of  a 
long  time  justly  due  to  them,  but  more  especially  the  suffer- 
ings of  the  prisoners  still  detained  in  Canada,  and  for 
whose  relief  I  cannot  do  what  may  be  proper  till  you  pro- 
vide for  the  expense  which  must  attend  this  service,  makes 
your  meeting  at  this  time  necessary,  and  I  hope  the  suffer- 
ings and  hardships  so  many  of  your  fellow  subjects  are 
under  will  be  of  more  weight  with  you  than  any  inconveni- 
ence some  of  you  may  be  under  by  your  being  taken  from 
attending  the  harvest  in  the  country. 

G.  CLINTON. 


Fort  George  in  the  City  of  New  York, 

the  28th  day  of  June,  1749. 

At  the  same  time,  the  Governor  delivered  to  each  House 
a  copy  of  the  following  provision  in  his  Commission: 

"And  our  further  Will  and  Pleasure  is  that  all  public 
money  raised  or  which  shall  be  raised  by  any  act  to  be 
hereafter  made,  within  our  said  Province  and  other  the 
territories  depending  thereon,  be  issued  out  by  warrant 
from  you,  by  and  with  the  advice  and  consent  of  our  Coun- 
cil, and  disposed  of  by  you  for  the  support  of  the  govern- 
ment, and  not  otherwise." 


484  MESSAGES  FROM  THE  GOVERNOR. 

Also  a  copy  of  the  32d  item  in  his  instructions,  which, 
after  repeating  in  substance  the  provision  just  cited,  con- 
tinued : 

"  But  the  Assembly  may  be  nevertheless  permitted,  from 
time  to  time,  to  view  and  examine  the  accounts  of  money, 
or  value  of  money,  disposed  of  by  virtue  of  laws  made  by 
them,  which  you  are  to  signify  unto  them,  as  there  shall 
be  occasion." 

The  Governor  also  delivered  a  copy  of  item  fifteen  of  the 
instructions  as  follows: 

"It  is  his  Majesty's  express  will  and  pleasure  that  no 
law  for  raising  any  imposition  on  wines  or  other  strong 
liquors,  be  made  to  continue  for  less  than  one  whole  year; 
and  that  all  other  laws  made  for  the  supply  and  support  of 
the  government  shall  be  indefinite  and  without  limitation, 
except  the  same  be  for  a  temporary  service,  and  which  shall 
expire  and  have  their  full  effect  within  the  time  therein 
prefixed. ' ' 

SPECIAL  MESSAGES. 

June  30.    Thanking  the  Council  for  its  address. 

July  7.  The  Assembly  adopted  on  the  5th  an  address 
to  the  Governor,  the  chief  feature  of  which  was  a  reamrm- 
ance  of  the  Assembly's  position  in  favor  of  annual  appro- 
priations. A  committee  waited  on  the  Governor  to  inquire 
when  he  would  receive  the  address.  He  asked  for  a  copy 
of  it,  and  on  being  told  that  the  committee  had  none,  said 
he  could  not  receive  it  until  he  first  had  a  copy  of  it.  On 
the  return  of  the  committee,  the  Assembly  adopted  a  reso- 
lution declaring  it  to  be  "  irregular  and  contrary  to  the 
course  of  parliamentary  proceedings  for  the  House  to  send 
the  copy  of  an  address  to  his  Excellency,  which  is  to  be 
presented  to  him,  by  the  whole  House,  or  any  committee 
thereof;  and  that  his  Excellency  has  no  right  to  insist  on 
any  such  copy." 


GEORGE  CLINTON,  1749.  485 

On  the  7th,  the  Governor  sent  a  message  to  the  Assembly, 
in  which  after  reciting  the  foregoing  resolution,  he  said: 

* '  How  his  Excellency  comes  under/-  the  course  of  Par- 
liamentary proceedings,  I  know  not. 

But,  Gentlemen,  can  any  of  you  imagine,  that  the  King 
receives  any  address,  and  to  which  he  immediately  returns 
an  answer,  without  being  previously  informed  of  the  con- 
tents of  that  address?  All  of  you  know  that  it  has  been 
the  constant  practice  of  your  House,  to  inform  the  Gov- 
ernor of  the  contents  of  every  address,  previously  to  the 
presenting  of  it;  and  I  must  tell  you,  that  I  have  a  right 
to  be  informed  of  everything  which  passes  in  your  House, 
and  a  right  to  restrain  you,  if  you  go  beyond  your  just 
bounds. 

GENTLEMEN. —  The  answer  which  you  shall  give  to  the 
demand  I  made,  perhaps,  may  be  of  as  great  consequence 
to  the  people  you  represent,  as  anything  that  ever  came 
under  your  consideration;  and  I  believe  every  man  that 
uses  common  reflection,  will  think  that  it  deserved  the  most 
serious  attention  of  your  House;  but  by  the  minutes  of 
your  proceedings  it  appears  that  your  House  had  given  no 
directions  to  their  committee,  as  to  the  subject  matter  of 
that  address;  that  your  committee  brought  in  the  address 
ready  ingrossed  (for  their  is  no  order  as  usual  to  engross 
it,  but  only  the  Speaker  to  sign  it)  after  9  of  the  clock  of 
the  5th  instant,  and  the  message  to  know,  when  I  would 
receive  the  address,  came  to  me  before  10  of  the  clock  be- 
fore noon  of  the  same  day. 

Had  I  not  then  just  reason  to  think  the  House  had  been 
surprised,  or  gone  precipitately  into  their  approbation  of 
this,  and  that  there  might  be  a  design  to  make  me  (by  sur- 
prise) receive  what  is  not  proper  for  me  to  receive? 

But  now,  Gentlemen,  as  I  know  the  contents  of  that  ad- 
dress, I  tell  you  I  am  ready  to  receive  it  immediately. 

G.  CLINTON." 


486  MESSAGES  FROM  THE  GOVEKNOB. 

July  12.  The  Governor  sent  to  the  Assembly  the  fol- 
lowing answer  to  its  address: 

"  In  answer  to  your  address  of  the  5th  of  this  month,  I 
can  (with  pleasure)  reflect  upon  my  own  conduct,  since  the 
unhappy  differences  began  between  you  and  me. 

After  every  prorogation,  I  spoke  to  you  at  the  opening 
of  every  new  session,  as  if  no  difference  had  preceded; 
how  far  otherwise  you  have  done  is  too  remarkable;  for 
what  purpose  it  is  done  I  shall  leave  to  your  own  con- 
sciences and  others  to  judge;  but  I  cannot  pass  over  that 
continued  endeavor  to  calumniate  my  administration.  For 
what  other  purpose  have  you  taken  upon  yourselves  to 
assert  that  you  are  fully  persuaded  that  the  prisoners  in 
Canada  might  long  since  have  been  released  by  those  whose 
Province  it  is?  Let  me  ask  you,  Gentlemen,  had  you  any 
evidence  of  this  before  you?  I  know  it  is  impossible  you 
could,  and  all  the  world  must  think  you  have  but  little  regard 
to  truth,  when  in  a  single  half  hour  your  address  was  read 
twice,  and  agreed  to  by  your  House;  though  the  greatest 
number  of  you  must  have  known  nothing  of  the  subject 
matter  of  it,  as  nothing  of  it  appeared  in  your  House  be- 
fore that  time. 

Whenever  this  matter  shall  come  before  proper  judges, 
it  will  appear  that  as  to  the  releasing  of  prisoners,  I  have 
acted  truly  for  the  benefit  of  the  community. 

The  Governor  of  Canada's  design  is  to  withdraw  the 
Indians  from  us,  to  make  them  lose  all  confidence  in  us, 
and  with  this  view,  all  his  negotiations  for  the  exchange 
of  prisoners  were  transacted;  and  it  is  now  further  made 
evident  by  the  parties  of  Indians  from  Canada,  that  have 
made  incursions  on  the  northern  Colonies,  and  by  his 
sending  large  parties  to  the  westward  with  a  view  (at 
least)  to  destroy  the  English  commerce  with  the  Indian 
Nations  on  the  Banks  of  the  great  lakes. 

The  Mohawks  have  delivered  up  all  their  prisoners  into 


GEORGE  CLINTON,  1749.  487 

the  hands  of  Col.  Johnson,  and  have  refused  to  send 
deputies  to  Canada,  though  again  and  again  invited  there 
by  that  Governor,  with  a  promise  of  having  all  the  pris- 
oners delivered  up  to  them.  They  trust  to  me  solely  that 
I  shall  procure  the  release  of  their  prisoners,  by  virtue 
of  the  treaty  of  peace. 

At  the  conclusion  of  every  war  before  this,  the  Five 
Nations  sent  deputies  to  Canada;  there  they  made  peace 
separately  for  themselves,  and  entered  into  engagements 
with  the  French.  How  prejudicial  this  was  to  the  British 
interest,  and  what  advantages  I  have  now  gained,  is  too 
obvious  to  need  any  remarks. 

But,  Gentlemen,  unless  I  be  enabled  to  prosecute  the 
measures  I  have  taken,  these  advantages  will  be  lost;  and 
if  the  Indians  find  that  we  do  not  protect  them,  they  must 
leave  us,  and  turn  to  the  French,  and  with  such  resentment, 
that  we  shall  never  be  able  to  recover  them. 

I  could  find  no  man  in  this  place  who  would  undertake 
any  part  of  this  expense  which  attended  my  endeavors,  to 
have  our  prisoners  released,  on  the  credit  of  your  resolves. 
I  have  been  obliged  to  carry  on  the  whole  of  this  affair  on 
my  own  private  credit,  and  by  money  out  of  my  own 
pocket;  and  it  is  no  wonder  that  your  credit  should  be  so 
small,  when  it  is  considered  that  on  the  27th  of  June,  1748, 
you  addressed  me  to  send  twenty-five  prisoners  to  Canada, 
to  be  exchanged,  and  assured  me  that  you  would  make  good 
all  such  expense  as  may  necessarily  attend  this  service. 
I  did  accordingly  send  a  flag  of  truce  with  twenty-five 
French  prisoners ;  the  persons  I  sent  went  in  evident  dan- 
ger of  their  lives,  from  the  Enemy's  skulking  Indian  par- 
ties. They  performed  the  service  they  were  sent  on  faith- 
fully. Last  sessions  I  recommended  to  you  the  providing 
for  this  expense;  accounts  of  it  were  laid  before  you,  and 
yet  you  would  make  no  provision  for  it. 

Pray,  Gentlemen,  consider  what  is  it  that  has  raised  this 


488  MESSAGES  FROM  THE  GOVERNOR. 

resentment  against  me.  Can  any  man  say  that  I  have  in- 
vaded either  his  liberty  or  property,  or  endeavored  to  hurt 
his  reputation  I  I  have  not  only  advanced  large  sums,  but 
I  have  risked  my  whole  fortune  for  his  Majesty's  service, 
and  the  benefit  of  this  country.  Consider  on  the  other  hand, 
the  conduct  of  those  who  are  in  opposition  to  my  adminis- 
tration ;  the  behavior  of  their  tools  to  your  fellow  subjects 
in  the  streets,  in  the  taverns,  and  in  their  houses ;  and  how 
by  that  opposition  the  public  good  and  service  has  been  in 
every  instance  obstructed,  and  public  calumny  propagated ; 
and  then,  Gentlemen,  you  and  all  the  world  may  judge  who 
is  under  the  most  unhappy  influence. 

I  must  complain  of  your  endeavoring  to  lead  the  people 
of  this  Province  into  mistakes,  as  to  the  demand  I  made  of 
you;  there  is  not  in  my  demand,  nor  in  the  instructions 
which  accompanied  it,  the  least  mention  either  of  a  yearly 
support,  or  for  five  years ;  nor  is  there  in  that  demand,  any 
reference  to  what  was  asked  in  the  preceding  session;  the 
demand  and  instructions  principally  related  to  the  method 
of  issuing  the  public  money,  and  as  to  his  Majesty's  inten- 
tion, both  in  his  Commission  to  me,  and  his  instructions, 
cannot  be  mistaken.  I  know  well  the  present  sentiments 
of  his  Majesty's  ministers,  as  to  this;  and  you  might  have 
at  least  guessed  at  them,  by  the  bill  lately  brought  into 
Parliament,  and  published  in  this  place,  for  enforcing  the 
King's  instructions.  It  is  an  essential  part  of  the  English 
constitution,  that  the  power  of  granting  of  the  money,  and 
the  issuing  of  it,  be  in  different  branches  of  the  constitu- 
tion, as  the  best  method  to  prevent  misapplications,  for  if 
those  who  grant  the  money,  had  likewise  the  power  of  dis- 
tributing it  among  their  friends  and  relations,  under  any 
pretences  of  public  service,  there  can  be  none  to  call  them 
to  account  for  misapplication;  whereas,  when  one  branch 
grants,  and  another  issues,  it  is  natural  to  think  that  on 
any  suspicion  of  misapplication,  the  granters  will  demand 


GEOKGE  CLINTON,  1749.  489 

an  account  and  satisfaction,  if  any  such  misapplication 
do  appear.  The  truth  of  this  fully  appears  by  experience 
in  this  Province,  where  I  am  confident1  it  may  be  made  ap- 
pear, if  strict  examination  were  to  be  made  into  it. 

It  is  the  constant  practice  in  Parliament,  to  make  no  pro- 
vision for  any  service  which  is  not  previously  recom- 
mended by  the  King. 

You  have  given  money  to  private  persons,  not  only  for 
services  which  were  not  recommended  to  you  to  be  pro- 
vided for,  but  for  services,  of  which  I  to  this  day,  remain 
ignorant;  and  by  mixing  of  the  grants  in  the  same  bill 
wherein  you  provided  for  the  support  of  government,  or 
other  necessary  services  you  put  me  under  the  necessity  of 
giving  my  assent  to  them,  or  of  leaving  the  government 
without  support. 

This  is  so  dangerous  an  invasion  of  his  Majesty's  pre- 
rogative, and  so  injurious  to  the  people  of  this  Province, 
that  you  may  assure  yourselves  it  will  not  be  suffered  to 
continue. 

In  the  bill  which  you  prepared  last  session,  for  the  con- 
tingent services  of  the  government,  there  is  a  clause  im- 
powering  Cornelius  Van  Home  and  Paul  Richards,  two 
members  of  your  House,  to  retain  in  their  own  hands  seven 
hundred  and  two  pounds,  (part  of  nine  hundred  and  thirty 
four  pounds,  of  the  public  money  in  their  hands)  for  the 
carrying  off  French  prisoners  to  the  French  islands,  and 
bringing  back  English  prisoners  in  exchange.  The  pay- 
ment of  this  service  was  not  recommended  by  me,  as  no 
application  had  been  made  to  me  for  such  recommendation ; 
the  usual  proofs  of  performance  of  this  service,  by  the 
French  Governor's  letters,  and  receipts  of  prisoners,  or  of 
the  number  of  prisoners  exchanged,  were  not  made  to  me; 
and  you  cannot  be  ignorant  of  the  general  suspicions  which 
prevail  in  this  place,  as  to  the  performance  of  that  service. 
It  does  not  appear  by  your  minutes  that  you  had  any  proofs 


490  MESSAGES  FROM  THE  GOVERNOR. 

\ 

of  this  service  before  you,  and  as  there  is  no  mention  of  it 
anywhere  in  your  minutes,  I  could  not,  nor  could  any  per- 
son, not  of  your  House,  know  that  this  service  was  under 
your  consideration,  till  your  clause  appeared  in  your  bill 
for  the  payment  of  it;  whereas  it  appears  from  your  min- 
utes, that  all  the  services  which  I  had  recommended,  had 
been  severally  examined  into,  and  proofs  made  of  the  ser- 
vice in  your  House. 

Col.  Johnson  had  advanced  large  sums  of  money  upon 
the  credit  of  your  resolves;  and  as  that  Gentleman  had 
otherwise  conspicuously  distinguished  himself  in  the  public 
service  of  this  Province,  I  very  earnestly  recommended  the 
payment  of  the  debts  justly  due  to  him;  his  accounts,  and 
the  proofs,  were  laid  before  your  House.  It  does  not  ap- 
pear by  your  minutes  that  any  objection  was  made  to  the 
truth  of  these  accounts,  and  I  am  confident  no  well- 
grounded  objection  can  be  made.  You  had  in  a  former 
session,  directed  payment  of  part  of  these  debts,  out  of  a 
fund  which  was  exhausted,  and  now  in  the  last  sessions,  you 
provided  for  the  payment  of  but  part  of  them,  and  entirely 
neglected  to  make  provision  for  the  payment  of  the  greater 
part. 

Care  was  taken  that  your  members  should  not  suffer  by 
my  refusing  this  bill,  as  more  money  was  in  their  hands 
than  they  asked;  but  it  was  otherwise  as  to  Col.  Johnson, 
from  whom  the  money,  justly  due  to  him,  has  been  a  long 
time  detained. 

You  know  best,  for  what  purpose  you  call  the  copies  of 
the  instructions,  which  I  sent  you,  extracts  only ;  when  they 
contain  the  whole  of  those  instructions,  without  addition  or 
abbreviation,  as  is  certified  by  the  proper  officer;  and  why 
you  say  that  I  insinuate  that  I  just  now  received  those  in- 
structions, when  the  day  of  their  date  was  likewise  certi- 
fied to  you;  this  does  not  discover  any  great  attention  in 
you  to  what  is  before  you,  but  rather  some  influence  over 


GEORGE  CLINTON,  1749.  491 

you,  that  does  not  tend  much  to  the  honor  of  your  House, 
or  of  those  who  make  use  of  this  influence. 

But,  Gentlemen,  whatever  opinion  some  people  may  give 
you,  yet  the  intention  of  his  Majesty  appears  so  plain,  with 
regard  to  the  issuing  of  public  money,  that  it  cannot  be  mis- 
taken; and  I  can  assure  you  that  he  never  will  recede  from 
these  instructions,  and  therefore,  I  must  again  demand  of 
you  to  grant  his  Majesty  a  revenue  for  the  support  of  his 
Government,  and  to  make  provision  for  the  payment  of  the 
debts  due,  and  future  contingencies,  in  such  manner  as  the 
money  may  issue,  conformable  to  his  Majesty's  commission 
and  instruction,  which  you  have  before  you,  and  I  must  re- 
quire a  categorical  answer  to  this,  for  I  cannot  give  my  as- 
sent to  any  money  bill,  which  shall  not  be  conformable  to 
these  instructions;  as  to  other  modes  and  form  (as  you  are 
pleased  to  express  them)  if  there  be  any  such  in  the  bill, 
to  which  I  may  think  it  improper  for  me  to  give  my  assent ; 
yet  if  you  will  add  a  clause  to  any  such  bill  whereby  it 
shall  be  restrained  from  taking  effect,  or  of  being  in  force 
till  his  Majesty's  pleasure  shall  be  known,  and  the  Council 
give  their  consent,  I  will  give  my  assent  to  it. 

Now,  Gentlemen,  I  have  done  all  that  is  in  my  power  to 
put  an  end  to  those  unhappy  differences,  which  have  sub- 
sisted so  long  to  the  prejudice  of  the  people  you  represent ; 
I  hope,  not  only  the  sufferings  of  many  of  your  fellow  sub- 
jects, will  weigh  more  with  you  than  any  private  influence 
whatsoever;  but  that  you  will  likewise  gratefully  consider 
the  great  liberties  you  are  indulged  with,  by  the  full  enjoy- 
ment of  the  English  constitution  of  Government,  and  how 
unwise  it  is  to  attempt  any  alteration  of  it.  Consider  like- 
wise, what  may  be  the  consequences,  should  our  mother 
country  suspect,  that  you  have  design  to  lessen  the  preroga- 
tive of  the  Crown  in  the  plantations;  the  Bomans  did  not 
allow  the  same  privileges  to  their  colonies,  which  the  other 
citizens  enjoyed ;  and  you  know  in  what  manner  the  repub- 


492  MESSAGES  FROM  THE  GOVERNOR. 

lie  of  Holland  governs  her  colonies ;  endeavor  then  to  show 
your  great  thankfulness  for  the  great  privileges  you 
enjoy. 

G.  CLINTON." 

July  17.  The  Assembly  replied  to  this  message  in 
another  address  on  the  14th,  defending  its  position,  and 
substantially  reiterating  the  arguments  contained  in  the  ad- 
dress of  the  5th.  The  last  address  having  been  tendered  to 
the  Governor,  he  refused  it  as  appears  by  the  following 
message,  which  was  sent  to  the  Assembly  on  the  17th: 

*  *  However  becoming  you  may  think  it  in  yourselves,  to 
make  the  address  which  I  have  seen  in  your  minutes  of  the 
14th  instant,  I  do  not  think  it  proper  for  me  to  receive  it. 

And  since  you  have  refused  to  grant  a  support  for  his 
Majesty's  government,  in  a  manner  conformable  to  his 
commission  to  me,  by  the  authority  of  which  only  the  legis- 
lature of  this  Province  is  allowed  to  make  laws,  or  to  levy 
money  on  its  subjects,  or  in  conformity  with  his  23d  in- 
struction, I  must  let  this  rest,  till  I  shall  know  his  Majesty's 
pleasure  thereon. 

But,  Gentlemen,  however  I  may  think  it  proper  to  bear 
any  injury  offered  to  myself,  yet  my  duty  requires  me  to 
use  my  best  endeavors,  that  justice  be  done  to  all  his  Maj- 
esty's subjects  committed  to  my  care;  and  therefore,  I  must 
earnestly  recommend  to  you  to  make  provision  for  the  pay- 
ment of  the  debts  which  are  justly  due,  either  for  moneys 
advanced  on  the  credit  of  this  government,  or  services  done. 
An  account  of  both  shall  be  laid  before  you,  as  soon  as  con- 
veniently can  be  done,  after  I  shall  know  your  resolution 
to  provide  for  them. 

The  great  sufferings  of  his  Majesty's  subjects,  who  have 
the  misfortune  to  be  taken  prisoners,  and  are  detained  still 
in  Canada,  notwithstanding  of  the  peace,  and  of  the  Indians 
who  are  likewise  prisoners  there,  under  great  sufferings, 


GEORGE  CLINTON,  1749.  493 

who  entered  into  the  war  at  our  instigation,  and  fought  for 
us,  I  hope  will  make  you  think  it  your  duty  to  make  suffi- 
cient provision  for  the  expense  that  must  attend  the  en- 
deavors which  shall  be  made  for  obtaining  their  liberty, 
and  of  sending  proper  persons  to  Canada  for  that  purpose ; 
if  this  be  not  speedily  done,  the  Six  Nations  will  lose  all 
confidence  in  us,  and  will  enter  into  negotiations  with  the 
French  separately  from  us,  the  bad  consequences  of  which 
are  too  obvious  to  require  my  setting  them  forth  at  large. 

As  I  am  very  desirous  of  removing  every  thing  that  may 
occasion  any  dispute  or  difference  afterwards,  I  think  it 
proper  to  tell  you,  that  if  you  think  any  service  or  debt 
ougnt  to  be  paid  besides  what  I  recommended  to  you,  that 
it  be  done  in  a  separate  bill,  that  I,  or  the  Council,  may  not 
be  put  to  any  restraint  in  giving  our  consent  to  it.  This  is 
the  more  necessary,  because  of  a  clause  you  make,  that  the 
Council  have  no  right  to  amend  any  part  of  any  bill,  which 
you  call  a  money  bill. 

The  regard  which  is  due  to  his  Majesty,  in  approving  or 
disallowing  any  law  passed  in  this  Province,  I  hope,  will 
likewise  make  you  think  that  what  I  propose  is  proper ;  and 
that  you  may  more  certainly  know  his  Majesty's  pleasure 
in  this,  and  such  like  cases,  I  send  you  a  copy  of  his  twelfth 
instruction  to  me. 

G.  CLINTON." 

The  following  is  a  copy  of  the  twelfth  instruction  trans- 
mitted by  the  Governor: 

* '  You  are  to  observe  in  the  passing  of  all  laws,  that  the 
style  of  enacting  the  same,  be  by  the  Governor,  Council 
and  Assembly,  and  no  other;  you  are  also,  as  much  as 
possible,  to  observe  in  the  passing  of  all  laws,  that  what- 
ever may  be  requisite  upon  each  different  matter,  be  ac- 
cordingly provided  for,  by  a  different  law,  without  inter- 
mixing in  one  and  the  same  act,  such  things,  as  have  no 
proper  relation  to  each  other;  and  you  are  more  especially 


494  MESSAGES  FROM  THE  GOVERNOR. 

to  take  care,  that  no  clause  or  clauses  be  inserted  in,  or 
annexed  to  any  act,  which  shall  be  foreign  to  what  the  title 
of  such  respective  act  imports,  and  that  no  perpetual  clause 
be  part  of  any  temporary  law,  and  that  no  act  whatsoever 
be  suspended,  altered,  continued,  revived  or  repealed,  by 
general  words;  but  that  the  title  and  date  of  such  act  so 
suspended,  altered,  continued,  revived  or  repealed,  be  par- 
ticularly mentioned  and  expressed  in  the  enacting  part." 

The  next  day  the  Assembly  adopted  resolutions  protest- 
ing against  the  Governor's  refusal  to  receive  the  address, 
asserting  the  Assembly's  right  of  access  to  the  Governor 
for  the  transaction  of  proper  public  business,  and  affirming 
that  the  Assembly  could  not  in  faithfulness  to  the  people 
11  proceed  on  any  business  whatsoever,  until  they  be  satis- 
fied in  relation  to  the  violation  of  their  just  and  undoubted 
privilege  of  having  access  to  his  Excellency  for  transact- 
ing the  public  business  of  this  colony." 

July  20.  The  Governor  on  receipt  of  the  foregoing  reso- 
lutions sent  the  following  message  to  the  Assembly: 

"  In  answer  to  your  resolves  of  the  18th  instant,  I  must 
tell  you  that  as  your  address  of  the  fourteenth  stands  on 
the  minutes  of  your  House,  it  plainly  appears  from  the 
whole  tenor  of  it,  and  more  particularly  from  the  following 
words,  '  we  leave  every  impartial  reader  to  judge, '  was  not 
designed  to  me,  but  to  the  people  without  doors,  through 
me;  with  what  propriety  can  such  words  be  spoken  in  an 
address  to  me?  And  as  I  have  the  same  reasons  for  re- 
fusing an  address  of  the  like  nature  with  this,  I  shall  re- 
peat the  reasons  I  gave  when  I  prorogued  your  House  on 
the  12th  of  November  last." 

[The  Governor  here  quotes  from  his  speech  of  November 
12,  and  continues.] 

'  *  I  now  again  assure  you  that  I  will  lay  your  address, 
as  it  appears  in  your  minutes,  together  with  your  resolves, 
before  his  Majesty's  ministers;  and  I  shall  most  earnestly 


GEORGE  CLINTON,  1749.  495 

pray,  that  his  Majesty  do  justice  thereon.  I  hope  this  is 
giving  you  sufficient  satisfaction. 

I  must  put  you  in  mind,  that  in  the 'demand  of  satisfac- 
tion in  the  manner  you  do,  you  forget  your  dependency,  and 
that  both  you  and  I  have  superiors,  who  are  the  proper 
judges  of  our  actions,  and  capable  to  give  redress  for  any 
injury  that  either  of  us  shall  receive. 

Pray,  Gentlemen,  consider  that  I  ask  nothing  for  myself, 
and  that  it  will  be  a  poor  satisfaction  to  keep  the  creditors 
of  the  government  from  the  money  that  is  justly  due  to 
them. 

I  must  again  press  you  to  consider,  that  unless  you  en- 
able me  to  defray  the  expense  that  must  attend  the  neces- 
sary measures  for  obtaining  the  liberty  of  the  prisoners  in 
Canada,  and  particularly  of  the  Indian  prisoners,  now 
when  the  Indians  have  refused  to  go  to  Canada,  and  treat 
with  the  Governor  there,  and  trust  to  us  entirely  for  ob- 
taining the  liberty  of  their  countrymen,  who  were  taken 
prisoners  fighting  in  our  cause ;  if  this  be  not  speedily  done 
(for  they  already  begin  to  lose  their  patience)  you  may  be 
assured  that  the  Indians  will  lose  all  confidence  in  us,  and 
enter  into  negotiations  with  the  French,  highly  prejudicial 
to  the  interest  and  safety  of  all  the  British  colonies  in 
North  America. 

Consider  likewise,  that  there  is  a  growing  expense  on  the 
Province  in  maintaining  and  keeping  the  French  prisoners 
who  were  in  the  hands  of  the  Indians,  and  which  they  have 
delivered  up  to  Col.  Johnson. 

Surely  you  can  have  no  satisfaction  in  the  view  of  the 
measures  which  attend  your  countrymen,  prisoners  in  Can- 
ada, or  of  the  mischiefs  which  may  follow,  on  the  Indians 
withdrawing  their  fidelity  to  the  Crown  of  Great  Britain, 
and  placing  their  confidence  in  the  French. 

Let  me  conjure  you  then,  Gentlemen,  to  take  pity  on  the 
public  creditors,  and  provide  for  a  service  so  necessary 


496  MESSAGES  FBOM  THE  GOVERNOR. 

for  the  well  being  and  future  security  of  the  people  you  rep- 
resent; I  must  add,  any  attempt  to  make  provision  for  the 
payment  of  the  debts,  and  other  necessary  services,  in  a 
method  contradictory  to  his  Majesty's  instructions,  whereof 
you  have  received  copies,  will  be  in  effect  a  refusal. 

I  shall  readily  agree  to  any  method  for  the  payment  of 
the  debts,  or  public  services,  which  has  no  other  tendency 
than  to  prevent  embezzlements  of  the  public  money;  and 
surely  some  method  may  be  thought  of  without  any  entire 
breach  of  the  constitution  of  government,  which  his  Maj- 
esty has  established  in  this  Province,  and  the  taking  the 
executive  powers  out  of  the  King's  hands.  No  man  can 
imagine  that  his  Majesty's  instructions  are  calculated  with 
a  view  to  encourage  misapplication  of  any  kind. 

Our  actions  will  best  show  who  are  the  sincere  and 
hearty  friends  of  the  people  of  this  Province,  and  will  like- 
wise show  our  duty  to  his  Majesty,  in  paying  a  proper  re- 
gard to  the  royal  instructions,  from  which  I  cannot 
deviate. 

G.  CLINTON." 

The  next  day  the  Assembly  adopted  a  resolution  declar- 
ing that  the  Governor's  answer  was  not  satisfactory.  This 
resolution  was  communicated  to  the  Governor,  but  it  elici- 
ted no  response  except  that  he  said  it  was  "  very  well." 

August  4.  A  joint  meeting  of  the  two  Houses  having 
been  called  the  Governor  delivered  the  following  speech : 

11 1  am  truly  sorry,  that  this  session  of  the  General 
Assembly  must  end  without  producing  any  one  thing  for 
the  benefit  of  the  people  you  represent. 

I  was  in  hopes  of  having  an  opportunity,  of  showing  by 
acts,  more  than  by  words,  my  sincere  intentions  for  the 
welfare  of  the  people  under  my  care ;  but  you  have  made  it 
too  evidently  appear  that  you  met  together,  not  to  proceed 
on  business,  but  to  prevent  everything  that  might  be  pro- 


GEORGE  CLINTON,  1749.  497 

posed  for  removing  the  differences  which  have  most  un- 
happily for  this  Province  subsisted  between  the  branches 
of  the  Legislature. 

You  have  not  so  much  as  introduced  one  bill  for  this 
purpose,  or  for  the  benefit  of  the  people  you  represent; 
though  you  pride  yourselves  on  some  occasion,  in  following 
the  precedents  in  Parliament,  I  thing  you  cannot  show  one 
session  of  Parliament  in  which  not  one  bill  was  read;  yet 
this  is  the  case  of  this  present  session;  and  this  makes  it 
evident  that  you  met  together  with  a  view,  not  to  heal  past 
but  to  create  new  differences;  not  to  serve  your  country, 
but  private  piques  and  resentments. 

It  cannot  be  said  that  I  proposed  anything  to  you  which 
it  was  not  my  duty  to  do;  in  return  to  this,  you  in  the 
following  words,  with  a  sneer,  renew  past  cavils  at  my  ad- 
ministration, and  which  had  been  long  since  answered,  viz. 

'  We  assure  your  Excellency  that  we  sincerely  wish  the 
breaking  open  of  the  store  house  at  Albany;  the  letters 
wrote  to  the  judge,  clerk  and  sheriff  of  Dutchess  County, 
requiring  them  to  put  a  stop  to  proceedings  in  cases  of  pri- 
vate property,  the  attempts  made  to  restrain  the  liberty  of 
press,  and  other  things  of  like  kind  could  be  buried  in  per- 
petual oblivion.' 

Since  you  think  it  proper  to  renew  these  charges,  it  is 
necessary  for  me  to  repeat  the  purport  of  the  answers  for- 
merly given  to  them;  the  case  of  breaking  open  the  store 
houses  at  Albany  was  as  follows,  viz. 

After  any  attempt  on  Canada  was  thought  impracticable 
in  that  season  of  the  year,  I  resolved  to  march  the  troops 
that  had  rendezvoused  at  Albany  to  the  Great  Carrying 
Place,  by  which  everything  must  pass  in  going  to  Canada ; 
and  there  under  cover  of  these  troops,  to  erect  some 
kind  of  fortification,  capable  of  containing  500  men; 
such  kind  of  fortification  would  be  necessary  for 
security  of  the  stores,  &c.  in  their  transportation, 
32 


498  MESSAGES  FROM  THE  GOVERNOR. 

in  case  the  intended  enterprise  against  Canada  should 
in  the  spring  have  been  removed;  and  in  doing  it 
then,  while  the  troops  were  idle,  would  have  saved  time. 
As  this  is  a  pass  by  which  the  enemy  make  their  incursions 
on  our  frontiers,  the  enemy's  parties  could  not  escape  be- 
ing discovered,  and  intercepted  by  such  a  number  of  men, 
either  in  their  going  towards,  or  returning  from  the  fron- 
tiers ;  and  it  was  thought  nothing  else  could  be  of  so  much 
benefit  for  that  purpose. 

When  this  was  resolved  on,  I  desired  Mr.  Golden  to  ask 
the  Assembly  commissioners  for  provisions,  whether  they 
would  take  care  of  provisions  in  the  march  of  these  troops 
to  the  Carrying  Place,  and  whilst  there?  Mr.  Colden,  ac- 
quainted the  commissioners  with  my  design,  and  I  told 
them,  as  the  Assembly  had  entrusted  them  with  the  care 
of  the  provisions,  I  was  desirous  that  they  should  take  care 
of  them,  but  that  if  they  refused  I  should  be  under  a  neces- 
sity to  appoint  some  other  for  that  service.  They  objected 
that  the  Assembly  had  not  provided  for  the  transportation. 
Mr.  Colden  in  answer  to  this  said,  that  as  the  Assembly  had 
undertaken  to  find  the  troops  levied  in  this  Province  with 
provisions,  they  certainly  included  to  pay  the  transporta- 
tion, being  an  inseparable  incident  to  that  service.  But 
when  the  Commissioners  would  not  trust  to  the  Assembly 
for  this  expense,  Mr.  Colden,  from  me,  told  them  that  I 
would  engage  to  pay  the  charge  of  transportation,  in  case 
the  Assembly  refused  to  pay  it ;  and  on  this  they  agreed  to 
take  care  of  the  provisions  as  was  desired,  and  I  left  the 
place,  expecting  they  would  do  so ;  Mr.  Colden  informed  me, 
that  he  made  use  of  no  other  words  with  the  Commis- 
sioners, or  any  kind  of  threatening,  but  as  in  substance  as 
above  related. 

Before  I  left  the  place,  as  it  was  doubted  whether  a  suffi- 
cient number  of  carriages  and  carpenters,  or  other  trades- 
men could  be  obtained  without  impressing,  I  issued  a  press 


GEORGE  CLINTON,  1749.  499 

warrant  in  the  same  words  which  had  been  agreed  in  a 
full  Council  in  New  York,  before  I  went  to  Albany.  It  was 
several  days  after  I  had  left  Albany/ and  when  the  forces 
were  all  ready  for  their  march,  the  wagons,  &c.,  in  the 
streets,  when  the  Commissioners  refused  to  deliver  out  any 
provisions  to  be  carried  with  them.  Thereupon  the  officers 
held  a  Council  of  War,  and  there  resolved  to  make  use  of 
my  general  warrant  for  impressing,  to  take  the  provisions 
by  force;  and  at  the  same  time  offered  to  give  receipts  for 
what  was  taken.  It  has  not  been  so  much  as  pretended  that 
any  of  the  provision  was  embezzled  by  that  act,  or  con- 
verted to  any  other  use  than  that  for  which  they  were  in- 
tended by  the  stopping  of  the  provisions;  this  service,  so 
useful  for  the  security  of  the  Province,  became  imprac- 
ticable; and  this,  among  many  others,  evidently  shows  the 
inconveniences  and  absurdities  which  must  continually  at- 
tend the  Assembly's  assuming  to  themselves  the  executive 
powers  of  government. 

The  occasion  of  writing  the  letters  mentioned,  was  this, 
after  the  forces  levied  for  the  expedition  against  Canada, 
were  disbanded,  some  deserters  sued  their  Captain  for 
their  pay;  and  as  it  was  suspected,  that  a  country  jury 
might  not  have  the  due  regard  to  the  martial  law  and 
mutiny  act,  in  such  cases,  I  was  persuaded  to  write  those 
letters;  the  proceedings  at  law  were  not  thereby  stopped 
and  no  man  suffered  any  injury  in  his  property  thereby;  I 
acknowledged  my  error  in  doing  it,  and  offered  redress,  as 
appears  by  your  minutes  of  the  27th  of  June,  1748 ;  and  how 
becoming  it  is  in  you  to  renew  this  complaint,  after  what  I 
had  formerly  done,  you  yourselves,  in  cooler  reflections, 
may  think. 

As  to  what  you  call  an  attempt  to  restrain  the  liberty  of 
the  press,  I  did  nothing  but  what  was  my  duty,  in  endeavor- 
ing to  prevent  the  publication- of  a  libel  against  the  govern- 
ment. The  printer  receives  a  yearly  salary  from  the  govern- 


500  MESSAGES  FROM  THE  GOVERNOR. 

ment ;  and  notwithstanding  of  this,  he  not  only  continues  to 
print  injurious  reflections  and  falsehoods  against  the  ad- 
ministration of  government  in  this  Province,  but  likewise 
lampoons  and  sarcasms  on  the  administration  of  govern- 
ment in  Great  Britain,  and  that  on  matters  of  the  highest 
nature;  in  the  bill  for  contingent  services,  you  gave  this 
printer  a  gratuity,  over  and  above  his  salary,  to  encourage 
him  for  those  his  extra  services. 

As  to  the  other  things  of  the  like  kind,  which  you  add  to 
these  particular  charges,  no  man  who  observes  your  pre- 
sent and  past  disposition  of  mind,  can  believe  that  if  I  had 
made  any  slips  on  which  you  could  have  laid  hold,  that 
you  would  have  concealed  them;  but  have  published  them 
with  all  the  aggravations  that  could  have  been  contrived 
to  blacken  my  character;  and  after  all  that  you  can  say,  I 
still  have  the  pleasure  in  my  own  breast,  to  think  that  no 
man  in  this  Province  can  say  that  I  have  injured  him  either 
in  his  liberty,  property  or  reputation;  and  that  no  Gov- 
ernor ever  had  or  can  have  a  greater  inclination  to  do 
everything  in  his  power  for  the  welfare  of  the  people  of 
this  Province. 

Whether  your  actions  be  a  proof  of  the  regard  you  have 
to  the  preservation  of  public  credit,  and  to  the  prosperity 
and  security  of  the  people  you  represent,  I  shall  leave  with 
yourselves  to  reflect  on. 

You  have  made  use  of  the  sense  of  justice  due  to  the 
public  creditors,  and  the  compassion  I  have  for  them,  under 
the  difficulties  some  of  them  labor,  by  having  large  sums 
detained  from  them,  of  a  long  time  due,  as  a  temptation 
to  draw  me  from  my  duty,  and  I  hope  they  are  sensible  that 
it  is  not  my  fault  that  they  have  no  relief. 

Your  refusing  to  grant  the  necessary  supplies  for  ob- 
taining the  liberty  of  your  fellow  subjects,  prisoners  in 
Canada,  could  proceed  only  from  the  same  design.  I  have 
kept  you  together  near  a  fortnight,  after  you  had  broke  off 


GEORGE  CLINTON,  1749.  501 

all  intercourse  between  your  Governor  and  you,  in  hopes 
that  your  compassion  for  your  distressed  brethren  in 
Canada,  and  the  safety  of  the  people' of  this  Province,  by 
preserving  the  fidelity  of  the  Indians  would  at  last  prevail 
with  you  to  give  the  necessary  supplies  for  that  purpose; 
whatever  motive  prevailed  at  last  with  you,  to  provide  in 
some  sort  for  this  service,  yet  rather  than  recede  from  that 
unparalleled  resolve,  of  having  no  further  intercourse  with 
your  Governor,  you  broke  through  all  the  established  rules 
and  orders  of  government,  in  giving  money  for  it. 

However  you  may  be  blamed  for  this  extraordinary  con- 
duct at  this  time,  I  hope  the  necessity  of  the  service,  and 
your  obstinacy,  will  excuse  me. 

I  come  now  to  a  paragraph  in  your  address  (as  you  call 
it)  of  the  14th  of  last  month,  which  is  highly  injurious  to 
the  form  of  government  established  in  this  Province,  to  the 
King  and  his  ministry,  and  to  all  his  Majesty's  Governors 
in  the  plantations;  the  purport  of  which  is  to  make  the 
people  believe  that  a  sort  of  beggars  are  sent  over  Gov- 
ernors of  his  Majesty's  colonies,  with  a  view  that  they  may 
enrich  themselves,  and  that  the  powers  and  instructions 
given  by  the  King  to  his  Governors  are  calculated  to  that 
purpose;  and  that  this  is  the  reason  why  you  refuse  to 
yield  obedience  to  them;  can  anything  appear  more  dar- 
ingly undutiful,  or  be  more  injurious  than  this  insinuation? 

I  shall  answer  it  by  considering  what  facts  have  hap- 
pened in  this  Province  to  support  so  heavy  a  charge.  If  I 
had  drawn  any  the  least  sum  of  money  out  of  the  treasury 
for  any  other  purpose  than  that  for  which  it  was  granted, 
no  doubt  it  would  have  been  exposed  in  the  most  glaring 
light;  and  as  nothing  of  this  kind  is  alleged,  I  stand  inno- 
cent; I  have  likewise,  carefully  examined  the  minutes  of 
Council  and  Assembly  on  this  head  for  thirty  years  past, 
and  I  cannot  find  that  any  Governor  has  at  any  time  been 
charged  with  having  drawn  any  public  money  for  his  own 


502  MESSAGES  FKOM  THE  GOVERNOR. 

use,  either  directly  or  indirectly,  other  than  what  the 
granters  designed  he  should  draw  for  that  purpose;  and  1^ 
am  persuaded  no  instance  can  be  given,  I  offered  my  con- 
sent to  any  clause  in  the  money  bill,  which  has  no  other 
tendency  than  to  prevent  misapplication  of  the  money 
granted;  surely  then  this  egregious  slander  on  his  Maj- 
esty's government  and  Governors,  must  be  for  some  other 
purposes  than  preventing  of  embezzlement  of  the  public 
money,  and  it  must  be  for  some  other  purpose  that  you 
treat  the  person  of  your  present  Governor  with  the  in- 
solence you  do;  such  as  can  no  where  be  paralleled,  but 
where  there  was  a  formed  design  to  overturn  the  govern- 
ment. 

You  have  refused  to  grant  money  for  the  necessary 
services  pursuant  to  the  powers  of  his  Majesty's  commis- 
sion, by  which  only  you  are  impowered  to  sit  and  act  as  the 
General  Assembly  of  this  Province.  You  must  then  think, 
that  you  can  levy  money  on  his  Majesty's  subjects  by  some 
other  authority,  different  from  that  which  the  King  has 
given. 

You  claim  the  sole  power  of  issuing  the  public  money, 
which  is  in  effect  taking  the  executive  powers  of  govern- 
ment into  your  own  hands. 

You  appropriate  the  salaries,  not  to  the  office,  but  to  the 
officer  by  name,  with  a  view  to  deprive  his  Majesty  of  his 
right  to  the  nomination  of  offices. 

You  have  in  a  manner,  for  which  I  am  persuaded  no 
precedent  can  be  given,  put  a  stop  to  all  public  business, 
and  any  intercourse  between  his  Majesty's  Governor  and 
Assembly.  Matters  are  now  brought  to  an  issue,  and  must 
be  left  to  the  judgment  of  our  superiors. 

GENTLEMEN. —  I  believe,  that  you  yourselves,  and  all 
without  doors,  who  are  acquainted  with  your  public  pro- 
ceedings, expect  a  dissolution  of  the  present  Assembly, 
but  as  the  matters  in  dispute  are  now  brought  to  an  issue. 


GEORGE  CLINTON,  1750.  503 

and  by  a  dissolution  it  may  be  said,  that  I  disable  you 
from  making  a  proper  defence,  if  you  should  after  this  be 
called  to  answer  for  what  has  been  done,  I  am  unwilling  to 
be  thought  to  take  any  such  advantage,  but  as  you  have 
already  continued  twelve  days  (since  your  resolution  to  go 
on  no  business)  without  entering  upon  any,  and  your 
constituents  are  thereby  put  to  an  useless  expense,  a  pro- 
rogation is  become  necessary,  and  the  General  Assembly 
of  this  Province  is  accordingly  prorogued  to  the  twelfth 
day  of  September  next,  then  to  meet  here. 

G.  CLINTON." 

August  4.  The  Assembly  was  prorogued  to  the  12th 
day  of  September,  but  this  Assembly  did  not  meet  again. 
After  several  prorogations,  it  was  dissolved  on  the  21st  of 
July,  1750.  No  laws  were  passed  at  this  session. 


1750.     SEPTEMBER.     TWENTY-SIXTH  ASSEMBLY,  FIRST  SESSION. 


GEORGE  CLINTON,  Governor. 

The  new  Assembly  met  the  4th  of  September,  and  on  the 
same  day  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL,  AND  GENERAL  ASSEMBLY. — 
One  great  inducement  for  my  calling  you  together  at  this 
time  is  to  give  you  an  opportunity  of  making  a  proper  and 
seasonable  provision  for  that  important  garrison  at 
Oswego,  which  has  been  supported  by  advance  on  the  pub- 
lic credit;  but  as  none  are  willing  to  advance  longer  on 
that  credit,  it  becomes  necessary  that  this  expense  be  imme- 
diately provided  for,  not  only  to  pay  what  is  already  due 


504  MESSAGES  FROM  THE  GOVERNOR. 

to  the  person  who  has  supplied  that  garrison  for  some  time 
past,  but  likewise  for  its  future  support.  The  mischiefs 
which  must  happen  by  withdrawing  that  garrison  are  too 
obvious  to  need  mentioning,  and  unless  the  necessary  sup- 
plies be  granted,  they  cannot  be  avoided.1 

The  present  state  and  the  security  of  the  frontiers  for 
the  future  likewise  deserve  your  serious  attention.  This 
can  be  done  properly  in  time  of  peace  only.  It  is  too  late 
to  think  of  it  when  we  are  threatened  with  or  in  actual 
war;  it  may  then  become  impracticable.  The  necessary 
expense  becomes  so  heavy  on  the  people  in  time  of  war, 
that  it  ought  (as  much  as  possible)  to  be  lessened  by  a 
previous  care  in  what  is  in  your  power  to  do  in  time  of 
peace. 

It  has  (I  am  informed)  been  usual  for  the  Governors  of 
this  Province  to  meet  the  Indian  nations  depending  on  this 
government  after  the  conclusion  of  a  peace.  As  no  pro- 
vision has  been  made  for  the  necessary  expense  attending 
this  service,  it  has  not  been  in  my  power  to  perform  it.  I 
am  afraid  this  may  have  a  bad  effect  on  the  minds  of  the 
Indians  at  this  time  when  the  French  of  Canada  (according 
to  the  informations  I  have  received)  are  indefatigable  ID 
infusing  prejudices  into  them  to  our  disadvantage.  I  am 
likewise  informed  that  the  French  have  incited  several  of 
the  Indian  nations  depending  on  and  in  alliance  with  the 
English  colonies  to  make  war  on  each  other.  This  requires 
a  speedy  remedy,  as  these  intrigues  of  the  French  are  not 
only  destructive  of  the  extensive  and  beneficial  commerce 
the  English  have  with  numerous  Indian  nations,  but  may 
likewise  render  the  safety  of  the  colonies  precarious  here- 
after. I  cannot  doubt  of  your  using  all  the  means  in  your 
power  for  preserving  and  enlarging  the  British  commerce 


i  Appropriations  for  Oswego  were  made  by  two  acts  passed  November  24th ; 
one,  chap.  895,  continuing  former  acts,  and  the  other,  chap.  900,  providing  for 
the  debts  of  the  colony,  the  latter  of  which  related  chiefly  to  advances  made  by 
Col.  William  Johnson. 


GEOKGE  CLINTON,  1750.  505 

among  the  Indians  and  for  securing  their  fidelity;  and  that 
you  will  enable  me  to  pursue  the  measures  necessary  for 
that  end.2 

The  government  of  this  Province  has  been  now  two  years 
without  any  support.  This  not  only  requires  your  care  in 
regard  to  what  is  due  to  the  officers  of  government  for  their 
past  services  and  the  contingent  charges  which  have 
already  occurred,  but  likewise  for  the  future  support  of 
the  government.3  In  doing  this,  no  better  rule  can  be 
followed  than  that  which  is  given  in  the  commission  to  the 
Governors  of  this  Province  (which  is  the  foundation  of 
the  legislative  authority  in  it),  and  the  royal  instructions 
which  accompany  those  commissions,  copies  of  which,  so 
far  as  relates  to  the  support  of  government  and  the  manner 
of  raising  and  issuing  of  the  public  money,  are  on  your 
registers.  On  this  occasion  I  must  remark  that  the  com- 
mission and  instructions  on  these  matters  have  remained 
the  same  ever  since  the  happy  Revolution.  They  were 
formed  by  the  great  ministers  who  distinguished  them- 
selves at  that  time  by  their  knowledge  of  and  zeal  for  the 
English  constitution  and  liberty  of  the  people;  they  have 
been  revived  from  time  to  time,  and  confirmed  by  the  judg- 
ment of  succeeding  ministers  who  have  no  less  dis- 
tinguished themselves  by  their  strictly  adhering  to  the 
constitution,  and  by  their  love  of  the  country.  They  there- 
fore, as  well  as  the  authority  with  which  they  are  enforced, 
deserve  your  strictest  regard. 

I  hope  I  need  not  with  many  words  recommend  the 
observance  of  that  instruction  which  forbids  matters  of  a 


2  The  act  passed  November  24th,  for  salaries  and  services,  chap.  901,  appro- 
priated eight  hundred  pounds  to  be  used  by  the  Governor  in  making  presents 
to  the  Indians  after  April  1,  1751,  and  also  one  hundred  and  fifty  pounds  for 
his  expenses  in  going  to  Albany  and  renewing  a  treaty  with  the  Indians. 

3  An  act  for  the  support  of  government,  chap.  876,  reviving  and  continuing 
former  acts,  was  passed  September  llth,  to  be  in  force  from  the  date  of  its 
publication  to  January   1,   1751. 


506     .  MESSAGES  FROM  THE  GOVEBNOB. 

different  nature  to  be  included  in  the  same  bill.  This  is 
done  not  only  to  preserve  the  freedom  of  judgment  in  the 
several  branches  of  the  Legislature  from  any  constraint, 
but  likewise  to  preserve  the  King's  right  in  confirming  or 
repealing  the  laws  passed  in  this  Province,  and  which  must 
seem  to  be  designedly  invaded  when  matters  necessary  for 
his  service  are  tacked  to  others  which  he  may  think  preju- 
dicial. On  this  head  I  must  observe  that  it  is  not  usual  in 
Parliament  to  make  provision  for  any  services  which  have 
not  been  previously  recommended,  and  that  the  mixing 
services  which  have  been  thus  allowed  with  those  that  are 
not,  may  be  thought  an  attempt  to  bar  the  right  which  the 
King  has  of  judging  of  the  merits  of  his  servants  and 
their  services. 

GENTLEMEN  OF  THE  ASSEMBLY. —  I  must  demand  of  you 
the  necessary  supplies  for  the  services  which  I  have  recom- 
mended to  your  consideration,  and  particularly  to  make 
provision  for  the  garrison  of  Oswego,  the  support  of  gov- 
ernment, and  the  payment  of  the  public  debts,  which  have 
for  some  time  been  so  justly  due,  particularly  Colonel 
Johnson's,  who  so  generously  advanced  for  the  public 
service,  accounts  of  which  shall  be  laid  before  you.a  You 
have  now  a  fair  opportunity  of  demonstrating  your  loyalty 
to  your  King,  and  your  attachment  to  the  interest  and  wel- 
fare of  your  country. 

GENTLEMEN  OF  THE  COUNCIL  AND  ASSEMBLY. —  I  choose  to 
show  my  inclinations  to  do  everything  in  my  power  for  the 
peace  and  prosperity  of  the  people  of  this  Province,  by 
my  actions  rather  than  by  words,  by  a  cheerful  concur- 
rence with  you  in  everything  that  may  be  for  his  Majesty's 
service  and  the  good  of  his  people.  I  earnestly  recommend 
to  you  to  think  of  what  means  may  best  encourage  the 
agriculture  and  trade  of  the  Province,  or  such  manufac- 
tures as  may  be  the  most  useful  to  your  mother  country. 

a  See  note  1. 


GEORGE  CLINTON,  1750.  507 

You  may  learn  from  the  act  for  the  encouragement  of  the 
importation  of  iron  into  Great  Britain  from  the  colonies 
passed  in  the  last  session  of  Parliament,  and  from  the  act 
for  the  encouraging  of  the  whale  fishery,  and  the  manufac- 
turing of  indigo,  that  you  may  expect  all  proper  encourage- 
ment for  such  purposes.4 

G.  CLINTON. 

Fort  George  in  the  City  of  New  York, 
September  4th,  1750. 

SPECIAL  MESSAGES. 

September  6.  Thanking  the  Council  and  the  Assembly 
for  their  addresses. 

September  7.  Transmitting  various  accounts  for  serv- 
ices rendered  to  the  colony. 

September  12.  Transmitting,  in  response  to  the  Assem- 
bly's request,  a  statement  of  the  number  of  persons  sent 
from  Canada  to  treat  touching  the  exchange  of  prisoners 
in  September,  1748,  and  February,  1749,  and  also  claims 
for  expenses  incurred  on  account  of  the  visit  of  such  com- 
missioners ;5  also  transmitting  a  petition  presented  by 
Peter  de  Joncourt  requesting  compensation  for  services  in 
translating  several  public  documents.6 

September  17.  The  Assembly  on  the  14th  having  re- 
quested the  Governor  to  give  directions  for  the  reprinting 
and  more  effectual  execution  of  the  act  "  to  prevent  the 
further  importation  of  copper  money  into  this  colony  ': 
passed  December  16,  1737,  he  replied  that,  acting  on  the 


4  An  act  passed  November  24th,  chap.  882,  continued  an  act  for  the  encour- 
agement of  whaling  passed  in  1708. 

5  Several  appropriations  for  the  entertainment  of  French  commissioners  and 
the  subsistence  of  prisoners  were  made  by  the  act  for  the  payment  of  colonial 
debts,  chap.  900,  passed  November  24th. 

6  Payment  of  the  claim  of  Peter  de  Joncourt  was  provided  for  by  the  act, 
chap.  900,  for  the  payment  of  debts  of  the  colony,  passed  November  24th. 


508  MESSAGES  FROM  THE  Go  VEEN  OR. 

advice  of  the  Council,  he  had  ordered  the  law  to  be  re- 
printed, and  had  given  directions  for  its  proper  execution. 

September  20.  Transmitting  an  account  of  Col.  William 
Johnson  for  supplies  furnished  to  French  prisoners  be- 
tween February  20,  1749,  and  June  30,  1750.  (See  note  5.) 

September  25.  The  Governor  sent  the  following  mes- 
sage to  the  Assembly : 

1 '  I  have  received  by  the  last  post  a  letter  from  Governor 
Hamilton,  a  copy  of  which,  together  with  copies  of  some 
papers  enclosed  in  said  letter,  I  now  send  to  you,  with  an 
extract  from  a  letter  to  me  from  Col.  Johnson ;  from  all  of 
them,  you  will  perceive  how  necessary  it  is  for  you  to 
enable  me  without  delay,  to  secure  the  fidelity  of  the  Indian 
nations  in  alliance  with  the  British  Colonies,  and  to  remove 
the  jealousies  which  have  been  artfully  infused  into  their 
minds  by  the  French  of  Canada,  by  granting  the  supplies 
necessary  for  these  purposes.  I  must  therefore,  earnestly 
recommend  to  you,  to  take  this  matter  into  your  serious 
deliberation,  that  the  mischiefs  which  threatens  all  the 
colonies  in  North  America  may  be  prevented  before  it  be- 
come too  late.  (See  note  2.) 

You  will  perceive  from  Mr.  Hamilton's  letter,  that  the 
government  of  Pennsylvania  expects  that  we  will  join  in 
bearing  part  of  the  expense  of  securing  the  fidelity  of  the 
Indians  on  Ohio  Eiver. 

I  cannot  give  any  proper  answer  to  his  letter,  till  I  know 
your  resolution,  whether  you  will  contribute  to  that  ex- 
pense. 

G.  CLINTON." 

At  the  same  time  the  Governor  transmitted  a  copy  of 
Governor  Hamilton's  letter,  and  an  extract  of  Col.  William 
Johnson's  letter,  with  the  other  papers. 

To  this  message,  the  Assembly  on  the  27th  replied  as 
follows : 

"  We  his  Majesty's  most  dutiful  and  loyal  subjects,  the 
General  Assembly  of  the  Colony  of  New  York,  have  with 
all  due  attention  considered  your  Excellency's  message  of 


GEORGE  CLINTON,  1750.  509 

the  25th  instant,  the  copy  of  Governor  Hamilton's  letter 
of  the  20th  instant,  the  extract  of  Col.  Johnson's  letter  of 
the  18th  of  August  last,  and  the  other  papers  herewith 
communicated  to  us,  touching  the  present  state  of  Indian 
affairs,  and  humbly  beg  leave  to  represent  to  your  Excel- 
lency, that  the  people  of  this  Colony,  have  in  all  times  past, 
exerted  their  utmost  efforts  at  a  very  great  annual  expense, 
to  secure  and  retain  the  Indian  nations  in  the  British  in- 
terest, and  are  still  willing  to  contribute  according  to  their 
abilities,  towards  preserving  the  Five  Nations  (on  whom 
many  other  great  and  numerous  Nations  depend)  in  their 
attachment  to  his  Majesty.  But  humbly  beg  leave  to 
observe  to  your  Excellency,  that  we  have  been  put  to  an 
almost  insupportable  expense  not  unknown  to  your  Ex- 
cellency during  the  late  war,  to  secure  our  frontiers  against 
the  incursions  of  the  common  enemy,  to  which  by  our  situa- 
tion we  were  continually  exposed;  by  this  means,  sir,  all 
our  public  funds  are  exhausted,  and  a  debt  of  many  thou- 
sand pounds  incurred,  which  remains  still  unpaid;  in  these 
circumstances  your  Excellency  must  be  sensible,  that  we 
are  at  present  in  no  condition  to  comply  with  Governor 
Hamilton's  proposals;  and  must  further  beg  leave  to 
observe  to  your  Excellency,  that  as  in  the  late  war,  we  in 
defending  our  own  frontiers,  which  lie  between  the  enemy 
and  our  neighboring  colonies  to  the  Westward,  did  in  a 
great  measure,  without  any  contribution  of  assistance  from 
them,  secure  their  inhabitants  from  all  that  desolation, 
blood,  rapine  and  captivity,  to  which  numbers  of  poor 
people  of  this  Colony  were  then  exposed;  so  we  conceive  it 
just  and  reasonable,  that  they  should  now,  at  their  own 
expense,  secure  the  fidelity  of  those  Indian  Nations,  who  are 
seated  much  nearer  to  them  than  to  us,  a  work  of  far  less 
difficulty,  expense  and  hazard,  than  what  we  by  our  situa- 
tion ever  have,  and  ever  must,  whilst  the  French  are  mas- 
ters of  Canada,  continue  to  be  exposed  to ;  and  this  we  beg 


510  MESSAGES  FROM  THE  GOVERNOR. 

your  Excellency  will  be  pleased  to  represent  to  Governor 
Hamilton,  and  the  other  Governors  of  his  Majesty's  col- 
onies to  the  Westward. 

From  the  intelligence  Col.  Johnson  gives  your  Excel- 
lency, in  his  letter  of  the  18th  of  August  last,  it  appears 
to  us  necessary  that  your  Excellency  should  without  delay 
meet  our  Five  Nations  of  Indians,  in  order  to  dispel  and 
remove  all  the  jealousies  which  the  French  emissaries  have 
artfully  infused  into  them,  to  the  prejudice  of  his  Majesty's 
interest  among  them,  and  if  possible  to  prevent  any  defec- 
tion among  those  nations ;  and  if  your  Excellency  is  of  the 
same  opinion,  we  will  immediately  enable  you  to  make  them 
a  suitable  present  on  this  occasion,  and  will  make  the  usual 
provision  for  the  expense  of  your  Excellency's  voyage  to 
Albany."  (See  note  2.) 

September  28.  The  Governor  sent  the  following  message 
to  the  Assembly  in  response  to  the  foregoing  address : 

"  I  shall  by  the  first  opportunity  acquaint  Governor 
Hamilton  and  the  rest  of  the  governments  to  the  westward, 
with  your  sentiments  of  the  Indian  affairs;  I  must  allow 
that  his  Majesty,  as  well  as  this  government,  have  been  at 
a  very  considerable  expense  in  securing  the  fidelity  of  the 
Six  Nations  of  Indians  in  the  British  interest;  and  I  shall 
be  still  always  ready  to  do  everything  in  my  power  to  pre- 
serve their  friendship,  whenever  you  will  enable  me  in  a 
proper  manner  to  perform  that  service.  (See  note  2.) 

GEO.  CLINTON." 

September  28.  Presenting  accounts  of  Arent  Stephens 
and  John  Fisher  for  their  services  in  going  to  Canada  with 
a  flag  of  truce  by  the  Governor's  order,  in  February,  1749  ;7 
also  accounts  of  Isaac  Van  Dam  and  William  Peters  for 
the  entertainment  of  French  commissioners.  (See  note  5.) 


7  The  claims  of  Arent  Stephens  and  John  Fisher  were  provided  for  by  the 
act,  chap.  900,  for  the  payment  of  debts  of  the  colony,  passed  November  24th. 


GEORGE  CLINTON,  1750.  511 

October  5.  Transmitting  a  letter  and  papers  received 
from  Col.  William  Johnson. 

October  16.  The  Governor  sent  tne  following  message 
to  the  Assembly : 

"  His  Majesty's  Council  for  this  Province  have  advised 
me  to  send  to  you  a  copy  of  a  letter  from  Governor  Ham- 
ilton, that  thereby,  and  by  the  papers  which  were  lately 
communicated  to  you,  you  may  see  the  necessity  of  enabling 
me  to  do  what  at  this  time  can  be  done  for  securing  the 
fidelity  of  the  Six  Nations ;  and  particularly  to  send  smiths, 
as  usual,  and  other  proper  persons  with  sufficient  presents 
to  guard  against  the  artifices  of  the  French,  and  to  assure 
them  of  my  design  to  meet  them  as  soon  as  the  season  of 
the  year  will  permit;  the  Council  being  of  opinion  that  it 
is  impracticable  for  me  to  meet  the  Six  Nations  at  this 
time.  (See  note  2.) 

GEO.  CLINTON." 

October  19.  Recommending  measures  for  repairs  to 
garrisons  and  the  completion  of  the  house  and  stables  be- 
longing to  the  fort.8 

October  25.  Presenting  an  account  of  Joseph  Bruning 
for  medical  service  to  French  prisoners,  and  also  an  ac- 
count of  Jacobus  Van  Zandt  for  work  done  in  Fort 
George.9 

November  5.  Transmitting  several  papers  received 
kfrom  Governor  Hamilton  of  Pennsylvania  relating  to  In- 
dian affairs. 

November  24.  The  Assembly  was  prorogued  to  the  first 
Tuesday  in  April,  1751. 


8  Chap.  900,  for  the  payment  of  the  debts  of  the  colony,  passed  November 
24th,  made  appropriations  for  garrisons  and  for  completing  the  Governor's 
house  and  stable. 

9  The  claims  of  Joseph  Bruning  and  Jacobus  Van  Zandt  were  provided  for 
by  an  appropriation  made  by  the  act,  chap.  900,  for  the  payment  of  the  debts 
of  the  colony,  passed  November  24th. 


512  MESSAGES  FKOM  THE  GOVERNOR. 


1751.     MAY.     TWENTY-SIXTH  ASSEMBLY,  SECOND  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly  met  for  the  transaction  of  business  on  the 
30th,  and  the  same  day  the  Governor  delivered  the  following 

OPENING  SPEECH: 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
It  is  with  the  greatest  concern  that  I  am  to  acquaint  you 
with  the  death  of  his  Royal  Highness  the  Prince  of  Wales. 
The  grief  upon  this  melancholy  occasion  is  great  and  gen- 
eral; it  is  however  a  great  comfort  to  his  Majesty's  faithful 
servants  to  hear  that  his  health  is  entirely  re-established, 
and  that  her  Eoyal  Highness  the  Princess  of  Wales,  and 
all  the  rest  of  the  royal  family,  are  as  well  as  can  be  ex- 
pected in  the  present  circumstances. 

I  most  heartily  condole  with  you  upon  this  unfortunate 
occasion.1 

The  securing  the  fidelity  of  the  Six  Nations  of  Indians 
to  the  British  interest  is  so  absolutely  necessary  for  the 
safety  and  prosperity  of  this  Province  that  every  step 
should  be  taken  that  will  contribute  to  that  end. 

As  I  am  to  meet  the  Indians  at  Albany  the  latter  end  of 
next  month,  I  thought  it  for  his  Majesty's  service  to  call 
you  together  before  I  went  that  you  might  enable  me  in 
the  most  effectual  manner  to  secure  and  preserve  their 
fidelity. 

I  imagine  you  are  not  unacquainted  with  the  methods  the 
French  take  to  bring  those  Nations  over  to  their  interest, 
and  we  on  our  parts  should  pursue  every  method  to  counter- 
act them. 


i  On  the  Gth  of  June  the  Governor,  Council  and  Assembly  joined  in  an  address 
of  condolence  to  the  King  on  the  death  of  the  Prince  of  Wales. 


GEORGE  CLINTON,  1751.  513 

The  steps  I  have  taken  with  the  neighboring  Governors 
for  that  purpose  will  appear  by  the  papers  which  I  shall 
order  to  be  laid  before  you. 

GENTLEMEN  OF  THE  GENEKAL  ASSEMBLY. —  There  is  no 
provision  made  (as  has  usually  been  done)  for  the  contin- 
gent charges  which  daily  occur  in  taking  care  of  the  Indian 
affairs;  I  must  therefore  recommend  to  you  to  make  pro- 
vision for  this  service. 

The  sum  granted  the  last  session  for  presents  to  the  Six 
Nations  of  Indians,  I  do  not  think  sufficient  at  this  time  to 
answer  the  ends  you  propose;  therefore  it  becomes  you, 
Gentlemen,  that  will  soonest  feel  the  effects  of  their  going 
over  to  the  French,  to  act  properly  upon  this  occasion. 

You  see,  Gentlemen,  with  what  earnestness  I  press  this 
subject  upon  you,  and  I  hope  I  shall  have  the  pleasure  of 
seeing  the  desired  effect  of  it;  I  think  it  of  such  visible 
advantage,  and  so  necessary  to  the  common  good  and  safety 
of  your  country,  that  I  should  have  justly  blamed  myself 
if  I  had  not  pressed  it  at  this  time. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  time  of  meeting  the  Indians  requires  all  possible  dis- 
patch in  coming  to  such  resolutions  as  you  shall  think 
proper  on  the  matters  I  have  recommended  to  your  con- 
sideration. 

G.  CLINTON. 

Fort  George  in  the  City  of  New  York. 
30th  of  May,  1751. 

SPECIAL  MESSAGES. 

June  1.  The  Governor  sent  the  following  message  to  the 
Assembly : 

* '  I  have  received  information  that  the  Mohawk  Indians 
are  exceedingly  displeased  that  by  the  third  clause  of  an 
act  passed  last  session  (entitled  An  Act  to  continue  the  two 
acts  therein  mentioned,  for  supporting  the  garrison  and 
trading  house  at  Oswego)  all  goods  sold  to  them  are  sub- 


514  MESSAGES  FROM  THE  GOVERNOR. 

jected  to  the  same  duty  with  Indian  goods  sold  at  Oswego ; 
whereby  they  cannot  buy  goods  at  the  same  rate  which  their 
neighbors  the  Christians  (with  whom  they  are  intermixed 
in  their  habitations)  buy  them.  This  I  apprehend  may  be 
of  prejudice  to  me,  in  the  treaty  I  design  soon  to  have  with 
the  Six  Nations;  I  must,  therefore,  recommend  it  to  your 
consideration  to  give  a  proper  remedy. 

GEO.  CLINTON." 

Other  papers  relating  to  Indian  affairs  were  delivered 
with  the  message. 

The  Assembly,  speaking  through  a  resolution  adopted 
the  same  day,  expressed  the  opinion  that  the  paragraph  re- 
ferred to  by  the  Governor  did  not  impose  any  new  duties, 
nor  change  existing  conditions, '"  but  subjects  such  goods, 
as  are  made  dutiable  by  the  said  acts,  if  sold  within  the 
limits  therein  mentioned,  to  any  other  persons  than  in- 
habitants of  the  County  of  Albany,  for  their  own  family's 
use,  to  the  same  duties  as  if  sold  to  Indians." 

June  1.    Thanking  the  Council  for  its  address. 

June  5.  Eeplying  to  the  Assembly's  address,  the  Gov- 
ernor said: 

"  I  thank  you  for  this  address,  and  for  the  satisfaction 
you  express  in  the  steps  I  have  taken  in  order  to  join  all 
his  Majesty's  government  in  the  intended  treaty  at  Albany. 
I  gave  you  all  the  light  in  my  power  to  show  the  necessity 
of  your  adding  to  the  allowance  made  for  this  service  at  a 
time  when  the  French  are  indefatigable  with  a  great  ex- 
pense to  our  prejudice;  I  have  too  many  reasons  to  fear 
that  the  sum  you  have  granted  is  not  sufficient;  however, 
particular  care  shall  be  taken  in  the  disposal  of  it  most 
effectually  for  preserving  the  fidelity  of  the  Indians,  and 
the  good  of  this  Province. 

GEO.  CLINTON." 

June  6.  The  Assembly  was  prorogued  to  the  6th  of 
August.  No  acts  were  passed  at  this  session. 


1751.     OCTOBER.     TWENTY-SIXTH  ASSEMBLY,  THIRD  SESSION. 


GEORGE  CLINTON,  Governor. 

The  Assembly,  after  several  prorogations,  resumed  busi- 
ness on  the  8th  of  October,  at  which  time  the  Governor  de- 
livered the  following 

OPENING  SPEECH: 

GENTLEMEN  OF  THE  COUNCIL  AND  ASSEMBLY. — I  have 
delayed  calling  you  together  till  this  time  that  it  might  be 
more  convenient  for  yourselves.  You  know  it  is  now  neces- 
sary to  provide  for  the  support  of  his  Majesty's  govern- 
ment in  this  Province.  1  I  must  at  the  same  time  earnestly 
recommend  the  payment  of  the  debts  still  due  for  past  ser- 
vices which  remain  unpaid.  This  is  necessary,  not  only  in 
justice  to  the  creditors,  but  for  preserving  the  public  credit 
for  the  future. 

The  present  state  of  the  Indian  affairs  deserves  your 
most  serious  attention.  The  French  are  more  than  com- 
monly assiduous  in  withdrawing  the  affection  of  the  In- 
dians from  us  and  in  obstructing  the  British  trade  every- 
where among  them,  for  which  purposes  they  are  at  a  very 
great  expense. 

There  being  no  supplies  granted,  as  was  formerly  usual, 
for  employing  proper  persons  in  the  care  of  Indian  affairs, 
Col.  Johnson  (who  for  some  years  past  has  been  so  success- 
ful in  that  service)  has  advanced  a  very  considerable  sum 
on  the  credit  of  the  government ;  but  he  has  since  declared 
that  he  cannot  continue  in  this  service,  which  is  attended 


i  The  act  for  the  support  of  government,  chapter  918,  passed  Novem- 
ber 25th,  was  to  be  in  force  for  "  one  whole  year  "  from  the  1st  of  January, 
1752.  It  revived  and  continued  earlier  acts  on  the  same  subject,  and  was 
apparently  intended  to  corer  the  year  1751,  for  which  no  provision  had  been 
expressly  made  by  previous  appropriation  acts. 

[515] 


516  MESSAGES  FROM  THE  GOVERNOR. 

with  considerable  daily  expense,  as  well  as  personal 
fatigue,  unless  proper  allowances  be  made  to  enable  him 
to  perform  it. 

From  the  informations  which  I  have  received,  and  which 
shall  be  communicated  to  you,  it  will  appear  necessary  not 
only  to  provide  for  the  usual  annual  expense  which  attends 
the  management  of  Indian  affairs  and  of  sending  smiths 
to  reside  among  them,  but  likewise  of  sending  proper  per- 
sons to  the  more  distant  nations  to  prevent  the  designs  of 
the  French,  and  removing  any  bad  impressions  they  may 
have  made  upon  them. 

The  preserving  the  fidelity  of  the  Indians  is  evidently  of 
such  consequence  to  the  future  security  and  prosperity  of 
this  Province  that  I  need  not  add  anything  more  to  draw 
your  attention  on  this  head. 

GENTLEMEN  OP  THE  GENERAL  ASSEMBLY. — I  must  recom- 
mend to  you  to  give  the  necessary  supplies  for  the  services 
I  have  mentioned,  and  for  the  contingent  expense  that  must 
at  all  times  unavoidably  attend  the  administration  of  gov- 
ernment, and  that  in  doing  this  you  will  have  that  regard 
which  is  due  to  the  directions  in  his  Majesty's  commission 
and  instructions  to  me.2 

Accounts  of  the  public  debts  shall  in  a  proper  time  be 
laid  before  you. 

GENTLEMEN  OF  THE  COUNCIL  AND  ASSEMBLY. — It  will  give 
me  the  greatest  pleasure  to  join  with  you  in  everything  for 
the  benefit  of  the  people  under  my  care,  and  you  may  depend 
on  my  hearty  concurrence  with  you  in  any  measures  for 
advancing  the  prosperity  of  this  Province. 

G.  CLINTON. 

Fort  George  in  New  York, 
8th  October,  1751. 


2  The  usual  act  to  provide  for  salaries  and  services,  chapter  920,  was  passed 
November  25th. 


GEORGE  CLINTON,  1751.  517 

SPECIAL  MESSAGES. 

October  10.    Thanking  the  Council  for  its  address. 

October  14.  The  Governor,  replying  to  the  Assembly's 
address  presented  on  the  llth,  said  in  part : 

"  The  effects  of  the  meeting  I  had  with  the  Indians  last 
summer  at  Albany,  and  the  presents  I  then  gave  them,  were 
evident;  but  unless  the  expense  of  a  daily  care  of  the  In- 
dian affairs  be  provided  for,  the  good  impressions  then 
made  on  them  will  soon  be  effaced  by  the  continued  and  in- 
defatigable endeavors  of  the  French  emissaries  among 
them,  made  at  a  very  great  and  unusual  expense,  which 
will  appear  to  you  by  some  of  the  papers  that  I  told  you 
I  intend  to  communicate  to  you  for  your  better  information. 

It  is  prudent  in  time  of  peace  to  provide  against  the  con- 
tingencies which  may  happen  in  case  of  war;  more  espe- 
ciallv  when  we  see  our  neighbors  the  French  so  diligently 
providing  for  such  an  emergency. 

Gentlemen. — I  can  have  no  view  in  urging  so  strongly  the 
consideration  of  the  Indian  Affairs,  but  the  safety  and 
prosperity  of  the  people  you  represent ;  and  I  shall  be  very 
sorry  to  have  no  other  satisfaction  in  my  endeavors,  but 
that  which  will  arise  from  my  own  breast,  in  having  done 
all  that  is  in  my  power. 

To  remove  any  jealousies  which  may  be  entertained  as  to 
the  disposition  of  the  thousand  pounds  that  you  granted 
for  presents  to  the  Indians,  I  shall  order  an  account  to  be 
laid  before  you." 

October  15.  Presenting  accounts  showing  the  distribu- 
tion of  one  thousand  pounds  appropriated  for  presents  to 
the  Indians. 

October  16.  Recommending  the  consideration  of  a 
memorial  presented  by  Mr.  Kennedy  for  money  advanced 
for  the  use  of  the  colony. 

October  17.    Presenting  Col.  William  Johnson's  account 


518  MESSAGES  FKOM  THE  GOVERNOR. 

for  services  and  expenses  in  connection  with  the  cessation 
of  hostilities  at  the  close  of  the  recent  war,  and  also  trans- 
mitting other  accounts. 

October  18.  Transmitting  an  account  presented  by  Dr. 
Richard  Shuckburgh  for  medical  services  to  Indians  and 
others.3 

October  21.  Transmitting  information  relative  to  In- 
dian affairs,  also  a  petition  by  traders  at  Oswego. 

October  25.  Transmitting  papers  relating  to  the  gar- 
rison at  Oswego. 

October  29.  Transmitting  a  copy  of  a  letter  from  John 
Mills  at  Oswego  relative  to  Indian  affairs. 

November  16.  Transmitting  an  account  presented  by 
David  Vanderhyden  for  his  services  in  going  to  Canada 
by  order  of  the  Governor  and  Council  in  1749. 

November  21.  The  Assembly  presented  an  address  to 
the  Governor,  in  which  doubt  was  expressed  whether  the 
money  appropriated  for  Indian  presents  had  been  properly 
applied,  suggesting  that  further  appropriations  would  not 
be  made  until  the  Assembly  received  assurances  that  the 
matter  would  be  placed  upon  a  proper  foundation,  and  that 
provision  would  be  made  for  the  trading  house  at  Oswego 
as  soon  as  estimates  of  the  probable  expense  should  be 
received.  The  Governor  replied  by  saying  that  he  would 
submit  the  address  to  the  Council  for  its  advice. 

November  23.  The  Council  replied  to  the  Governor's 
request  by  an  address,  explaining  with  some  detail  the  ap- 
propriation and  expenditure  of  money  connected  with  In- 
dian affairs,  remarking  that  it  was  "  usual  on  the  conclu- 
sion of  a  peace,  for  the  Governor  of  this  Province  to  have 
an  interview  with  the  Six  Nations,  to  take  out  of  their 
hands  the  hatchet  which  he  had  delivered  to  them  at  the 
beginning  of  the  war,  and  thank  them  for  their  assistance, 


3  The  claim  of  Dr.  Richard  Shuckburgh  was  provided  for  in  an  act  making 
general  appropriations,  chapter  936,  passed  July  4,  1753. 


GEORGE  CLINTON,  1751.  519 

and  to  make  them  presents  on  that  occasion,"  but  that  this 
service  was  not  performed  at  the  close  of  the  late  war  be- 
cause an  appropriation  had  not  been  made  for  that  pur- 
pose. The  address  observes  that  Col.  Johnson  had  man- 
aged Indian  affairs  with  ' '  great  prudence  and  success  ' ! 
and  had  advanced  large  sums  in  the  course  of  his  adminis- 
tration which  had  not  yet  been  repaid.  As  to  the  Oswego 
matter,  the  Council  thought  sufficient  information  had  al- 
ready been  presented  to  the  Legislature  to  enable  it  to  make 
the  needed  appropriations. 

The  Governor  thanked  the  Council  for  the  address,  but 
did  not  present  the  subject  to  the  Assembly. 

November  23.  The  Governor  sent  the  following  message 
to  the  Assembly : 

"  Col.  Johnson,  at  the  conclusion  of  the  last  war,  pre- 
vailed on  the  Indians  not  to  go  to  Canada  to  exchange  their 
prisoners,  as  had  been  usual  in  former  times,  but  to  give 
up  their  prisoners  to  me,  to  be  delivered  at  the  general 
exchange  of  prisoners  on  both  sides,  and  to  trust  to  their 
being  taken  care  of,  as  subjects  of  the  Crown  of  Great 
Britain. 

The  French  have  been  indefatigable  to  defeat  a  resolu- 
tion of  such  consequence,  and  continue  their  endeavors  for 
that  purpose,  as  will  appear  by  the  copy  of  the  letter  from 
the  interpreter  which  I  now  send  you. 

GEO.  CLINTON." 

November  25.  After  publishing  the  acts  passed  at  this 
session,  the  Assembly  was  dissolved. 


1753     OCTOBER.     TWENTY-SEVENTH  ASSEMBLY,  FIRST  SESSION. 


GEORGE  CLINTON,  Governor. 

This  Assembly  was  called  under  writs  of  election  re- 
turnable February  25,  1752,  but  it  did  not  meet  until  Oc- 
tober 24,  when  the  Governor  delivered  the  following 

OPENING  SPEECH: 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
As  sundry  acts  which  greatly  concern  the  trade  and  welfare 
of  this  Province  will  by  their  own  limitation  expire  the  first 
day  of  January  next,  I  have  appointed  this  meeting  with 
you  to  give  you  an  opportunity,  either  to  continue  those 
acts  or  provide  other  ways  in  the  place  of  them. 

The  state  of  the  Indian  affairs  and  of  the  frontier  forts 
and  fortifications  in  general,  require  your  most  serious 
consideration,  timely  provision  and  aid.  I  shall  by  the  dep- 
uty secretary  lay  before  you  the  informations  I  have  had 
concerning  them.1 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — The  season  of 
the  year  will  naturally  lead  you  to  make  provision  for  the 
support  of  his  Majesty's  government.2 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  assure  you  that  whatever  bills  you  shall  agree  on  for  the 
benefit  of  this  Province,  consistent  with  my  duty  to  pass, 
shall  most  readily  have  my  assent. 

G.  CLINTON. 

City  of  New  York,  24th  October,  1752. 


1  An  act  was  passed  November  llth,  chap.  927,  continuing  acts  for  supporting 
the  trading-house  at  Oswego,  including  a  specific  appropriation  of  two  hundred 
pounds  for  repairs  to  the  trading-house. 

The  Assembly  adopted  resolutions  November  9th,  expressing  their  intention 
to  consider  at  the  next  session  questions  relating  to  frontier  fortification  and 
to  Indian  affairs. 

2  The  usual  annual  act  for  the  support  of  government,  chap.  9-22,  was  passed 
November  llth. 

[520] 


GEORGE  CLINTON,  1753.  521 

SPECIAL  MESSAGES. 

Oct.  24.  Transmitting  papers  relating  to  frontier  forti- 
fications and  to  Indian  affairs. 

October  27.  Thanking  the  Council  and  the  Assembly  for 
their  addresses. 

October  27.  Transmitting  a  copy  of  a  report  relating  to 
the  Seneca  Indians. 

November  11.  The  Assembly  was  prorogued  to  the  first 
Tuesday  in  March,  1753. 

EDUCATION. 

Though  not  responsive  to  a  direct  recommendation  by  the  Governor,  it  may 
be  noted  here,  that  the  Assembly  on  the  9th  of  November  adopted  a  resolution 
declaring  that  it  would  at  the  next  meeting  take  into  consideration  the  estab- 
lishing a  seminary  for  the  education  of  youth  within  thia  colony. 


1753.     MAY.    TWENTY-SEVENTH  ASSEMBLY,  SECOND  SESSION. 


GEORGE  CLINTON,  Governor. 

The  assembly  convened  at  Jamaica  on  the  30th  of  May, 
and  the  same  day  the  Governor  delivered  the  following 

OPENING  SPEECH: 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  have  received  some  instructions  from  the  Lords  Justices 
with  a  letter  accompanying  the  same  from  the  Lords  of 
Trade  and  Plantations,  recommending  the  considering  and 
revising  the  laws  of  this  Province,  and  in  lieu  thereof  to 
frame  and  pass  a  complete  and  well  digested  body  of  new 
laws,  together  with  the  copy  of  an  act  passed  in  Virginia 
for  the  like  purpose,  recommended  as  a  plan  for  executing 


522  MESSAGES  FROM  THE  GOVERNOR. 

what  is  proposed  by  the  said  instructions,  copies  of  which 
instructions,  letter  and  act  are  ready  and  will  be  laid  be- 
fore you.  This,  Gentlemen,  is  a  matter  of  great  import- 
ance, and  may  if  duly  attended  to,  be  of  singular  use  and 
service  to  the  Province,  and  as  such  I  doubt  not  but  you 
will  readily  give  it  all  the  consideration  and  dispatch  which 
the  weight  and  nature  of  the  affair  may  require. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — As  there  was  a 
necessity  of  meeting  you  early,  I  have  (with  the  advice  of 
his  Majesty's  council)  appointed  this  place  as  being  the 
most  convenient,  secure  and  free  from  the  infection  of  the 
smallpox  of  any  we  could  judge  of,  for  although  the  city  is 
now  said  to  be  almost  free  from  that  distemper,  yet  to  have 
called  you,  Gentlemen,  at  this  season  to  that  place  might 
have  given  many  of  you  great  uneasiness  if  you  had  found 
yourselves  exposed  to  any  degree  of  danger  from  the  re- 
maining infection. 

You  will  now,  Gentlemen,  have  an  opportunity  of  taking 
into  your  further  consideration  the  state  of  Indian  affairs 
and  ruinous  condition  of  the  trading  house  at  Oswego, 
frontier  forts  and  fortifications  in  general,1  and  making 
proper  and  necessary  provisions  for  them  as  well  as  for 
settling  and  discharging  the  several  accounts  and  demands 
on  the  government  which  were  contracted  during  the  late 
war  on  the  public  faith,  and  for  the  service  and  honor  of 
the  Province,  and  particularly  by  Colonel  Johnson,  whose 
case,  with  the  rest,  I  earnestly  recommend  to  you,  and  make 
no  question  but  you  will  do  therein  what  is  consistent  with 
honor  and  justice.2 

The  resolution  you  made  at  the  close  of  the  last  session 
for  establishing  a  seminary  for  the  education  of  youth 


1  By  an  act  passed  July  4th,  chap.  936,  making  general  appropriations,  pro- 
vision was  made  for  repairs  on  several  forts  and  fortifications. 

2  The   generr.l  appropriation  act,  chap.  930,   passed  July  4th,  provided  for 
reimbursing  Col.  William  Johnson  for  his  advances. 


GEORGE  CLINTON,  1753.  523 

within  this  colony  is  laudable  and  worthy  your  diligent 
prosecution  and  most  serious  attention.3 

GENTLEMEN  OF  THE  COUNCIL  AND  GTENERAL  ASSEMBLY. — 
Some  intrusions  have  lately  been  made  on  the  lands  of  his 
Majesty  and  his  subjects  of  this  Province,  whereof  sundry 
complaints  have  been  made  to  me;  copies  of  those  com- 
plaints and  of  what  I  have  done  thereon,  shall  be  laid  be- 
fore you,  being  well  assured  you  will  use  you  best  endeav- 
ors for  the  preservation  of  his  Majesty's  authority  and 
jurisdiction  to  the  extent  of  the  bounds  of  this  Province, 
and  for  the  protection  of  the  properties  of  his  Majesty  and 
his  subjects  within  it;  and  I  leave  it  to  you  to  consider 
whether  it  may  not  be  expedient  that  committees  of  both 
Houses  should  be  appointed  to  meet  and  concert  the  most 
proper  measures  to  be  taken  in  this  affair,  wherein  I  shall 
give  my  best  assistance. 

While  I  continue  to  have  the  honor  of  representing  his 
Majesty  as  governor  here,  I  shall  readily  and  heartily  join 
with  you  in  doing  everything  in  my  power  consistent  with 
my  duty,  that  may  promote  the  happiness  and  welfare  of  the 
good  people  of  this  Province. 

G.  CLINTON. 

Jamaica,  Queens  County,  30th  May,  1753. 

SPECIAL  MESSAGES. 

May  31.  Transmitting  several  letters  relating  to  Indian 
affairs. 

May  31.    Thanking  the  Council  for  its  address. 

June  5.    Thanking  the  Assembly  for  its  address. 

June  5.  Replying  to  the  Assembly's  request  for  infor- 
mation as  to  his  proposed  visit  to  the  Indian  Nations,  the 


3  An  act  passed  July  4th,  chap.  932,  authorized  a  lottery  for  the  purpose  of 
raising  one  thousand  one  hundred  twenty-five  pounds  to  be  used  in  establishing 
a  "  college  for  the  advancement  of  learning."  This  institution  became  King's 
College,  afterwards  Columbia  College.  Acts  for  the  Same  purpose  were  passed 
in  1746,  1748,  and  at  a  subsequent  session  in  1753. 


524  MESSAGES  FROM  THE  GOVERNOR. 

Governor  recommended  additional  appropriations  for  re- 
pairs at  Oswego,  and  said  lie  intended  to  have  an  interview 
with  the  Indians  as  soon  as  circumstances  would  permit, 
or  else  send  commissioners  for  that  purpose. 

June  14.  Informing  the  Assembly  that  on  the  previous 
day  a  speech  had  been  made  to  him  by  the  principal  and 
three  other  sachems  with  several  chiefs  of  the  Mohawk 
nation,  which  speech  he  deemed  of  such  importance  that  a 
copy  of  it  was  presented  to  the  Assembly.  The  records  do 
not  contain  this  speech. 

June  15.  Transmitting  accounts  and  other  papers  relat- 
ing to  the  northern  frontier. 

June  19.  Transmitting  papers  relating  to  the  Mohawk 
Indians,  and  suggesting  that  a  conference  of  the  Six  Na- 
tions be  held  soon  to  consider  the  injustice  and  conduct  of 
the  Mohawks. 

June  22.  The  Assembly  presented  an  address  relative  to 
the  Mohawk  Indians,  expressing  great  anxiety  concerning 
the  critical  situation  of  Indian  affairs,  and  recommending 
that  the  Governor  take  prompt  and  effective  measures  to 
settle  the  differences  which  seemed  to  forbode  trouble  for 
the  colony.  To  this  address  the  Governor  responded  as 
follows : 

"  I  thank  you  for  this  address.  I  am  sorry  to  acquaint 
you  that  my  bad  state  of  health  at  present  will  not  permit 
me  to  go  to  Albany  to  meet  the  Six  Nations  of  Indians,  as 
you  desire. 

I  join  with  you  in  opinion  that  the  state  of  Indian  affairs 
is  at  present  in  a  very  critical  situation,  and  think  it  re- 
quires the  advice  and  assistance  of  the  Council  and  Assem- 
bly in  a  free  conference ;  and  upon  the  arrival  of  the  Gen- 
tlemen of  the  Council,  who  are  daily  expected  from  Albany, 
I  shall  recommend  it  to  the  Council  to  meet  you  in  such 
conference,  that  you  may  then  jointly  agree  upon  the  most 
fit  persons  of  weight  to  send  with  the  interpreter  to  invite 


GEORGE  CLINTON,  1753.  525 

the  Six  Nations  to  meet  at  Albany  by  a  day  to  be  proposed ; 
and  on  proper  instructions  to  be  given  to  those  persons. 
Also,  upon  the  most  proper  persons  to  be  appointed  com- 
missioners to  supply  my  place  at  that  interview,  and  the 
powers  and  instructions  to  be  given  to  such  commissioners. 
And  that  you  may  then  also  agree  upon  the  method  of  in- 
quiry into  the  complaints  of  the  Mohawks,  and  of  giving 
them  redress;  in  which  as  well  as  in  every  other  measure 
that  shall  be  thought  necessary  in  this  important  affair,  I 
shall,  so  far  as  is  consistent  with  my  duty,  most  readily 
concur  with  you.  And  at  this  conference  you  will  be  ac- 
quainted with  other  reasons  besides  the  ill  state  of  my 
health,  why  I  think  it  most  proper  that  commissioners 
should  supply  my  place  at  Albany,  at  the  intended  inter- 
view with  the  Indians. 

GEO.  CLINTON." 

June  28.  Transmitting  papers  setting  forth  controver- 
sies relating  to  the  boundary  line  between  New  York  and 
New  Jersey.  (See  post  Special  Message,  April  24,  1754.) 

June  29.  The  Assembly  and  the  Council  held  a  confer- 
ence relative  to  Indian  affairs,  at  the  close  of  which  the 
Speaker  stated  that  he  had  been  informed  by  the  Governor 
that  he  was  in  "  daily  expectation  of  being  succeeded  in 
the  government,  and  therefore,  did  not  think  it  advisable 
in  such  a  juncture  to  go  to  Albany  to  meet  the  Indian 
nations."  The  Council  expressed  the  opinion  that  no  com- 
missioners who  might  be  appointed  would  have  the  same 
weight  with  the  Indians  as  the  Governor,  and  therefore 
suggested  that  the  interview  should  be  postponed  until  the 
arrival  of  the  new  Governor.  A  joint  committee  of  the 
two  Houses  met  for  the  further  consideration  of  the  matter, 
and  on  the  30th  recommended  an  appropriation  of  two 
hundred  and  fifty  pounds  for  presents  to  the  Indians,  and 
two  hundred  pounds  for  expenses  in  connection  with  the 


526  MESSAGES  FKOM  THE  Go  VEEN  OR. 

proposed  interview,  and  also  that  Col.  William  Johnson  be 
appointed  to  represent  the  colony  in  the  negotiations.4 

June  30.  Informing  the  Assembly  that  he  would  com- 
municate with  the  Governor  of  New  Jersey  relative  to  the 
boundary  dispute. 

July  3.  Informing  the  legislature  that  he  would  appoint 
Col.  William  Johnson  to  represent  the  colony  in  the  nego- 
tiations with  the  Indians.  (See  note  4.) 

July  4.  The  Assembly  was  prorogued  to  the  first  Tues- 
day in  September. 


1753.     OCTOBER.     TWENTY-SEVENTH  ASSEMBLY,  THIRD  SESSION. 


JAMES  DE  LANCEY,  Lieutenant-Governor. 

It  has  already  been  noted  that  during  the  preceding  ses- 
sion (June  29)  Governor  Clinton  intimated  to  the  speaker 
of  the  Assembly  that  he  was  in  daily  expectation  of  being 
succeeded  in  the  government.  His  successor,  Sir  Danvers 
Osborn,  Bart,  was  appointed  Governor  August  1, 1753.  He 
arrived  in  New  York  on  the  7th  of  October,  and  took  the 
oath  of  office  the  10th.  His  official  career  as  Governor  was 
of  short  duration,  and  had  an  unhappy  termination.  He 
died  October  12,  two  days  after  taking  office,  as  appears 
by  the  following  extract  from  a  letter  written  by  Lieuten- 
ant-Governor De  Lancey  to  the  Lords  of  Trade,  dated  Oc- 
tober 15, 1753.  (Col.  Doc.  Vol  5,  p.  803.) 

11 1  have  a  very  melancholy  account  to  write  to  your 
Lordships.  Sir  Danvers  Osborn  our  late  Governor  pub- 
lished his  Majesty's  commission  to  him  on  Wednesday,  the 
tenth  instant,  amidst  the  greatest  acclamations  of  the  peo- 


4  The  general  appropriation  act,  passed  July  4th,  chap.  936,  included  items 
for  presents  to  the  Indians,  and  to  pay  Col.  Johnson's  expenses  on  his  proposed 
visit  to  them. 


JAMES  DELANCEY,  1753.  527 

pie  and  the  sincerest  demonstrations  of  joy  that  were  ever 
known  on  any  occasion  here.  We  had  justly  entertained  the 
best  grounded  hopes  and  expectations  of  being  a  happy 
people  under  the  administration  of  a  gentleman  of  birth, 
good  education  and  most  amiable  character;  but  alas  this 
great  joy  was  too  soon  succeeded  by  the  deepest  and  most 
unfeigned  sorrow,  for  on  Friday,  the  12th,  about  seven  of 
the  clock  in  the  morning  he  was  found  in  the  lower  part  of 
Mr.  Murray's  garden  (at  whose  house  he  lodged  till  the 
Fort  was  fitted  up  for  his  reception)  strangled  in  his  hand- 
kerchief. It  was  observable  that  although  he  expressed  his 
sense  of  the  people's  joy  upon  his  accession  to  the  govern- 
ment in  the  most  engaging  manner,  yet  he  never  showed 
any  cheerfulness,  but  appeared  with  a  sedate  and  melan- 
choly countenance  complaining  of  a  great  indisposition  of 
body  and  disturbance  of  mind,  which  could  not  be  diverted. 
My  Lords  I  most  sincerely  condole  this  unhappy  event 
which  has  filled  the  eyes  of  all  persons  here  with  tears." 

An  official  inquiry  into  the  manner  of  the  Governor's 
death  resulted  in  the  finding  that  he  committed  suicide  in 
a  fit  of  insanity. 

At  the  close  of  the  previous  session  the  Assembly  had 
been  prorogued  to  the  first  Tuesday  in  September.  It  was 
again  twice  prorogued  by  Governor  Clinton,  the  last  pro- 
rogation being  on  the  9th  of  October,  the  day  before  Gov- 
ernor Osborn  took  office. 

By  Governor  Osborn 's  death,  James  De  Lancey,  Lieuten- 
ant-Governor,  became  the  head  of  the  government,  and  im- 
mediately assumed  executive  authority.  October  18  he 
prorogued  the  Assembly  to  the  30th,  but  a  quorum  did  not 
appear  until  the  31st,  when  he  delivered  the  following 

OPENING  SPEECH: 

GENTLEMEN  OF  THE  COUNCIL,  AND  GENERAL  ASSEMBLY.- 
His  most  sacred  Majesty  having  been  graciously  pleased, 


528  MESSAGES  FKOM  THE  GOVERNOR. 

by  his  royal  commission,  to  appoint  me  Lieutenant-Gov- 
ernor of  this  Province,  the  government  thereof  is  devolved 
upon  me  by  the  death  of  his  late  Excellency  Sir  Danvers 
Osborn,  Baronet.  As  he  was  a  gentleman  of  birth,  of  lib- 
eral education,  and  distinguished  character,  we  had  well 
grounded  expectations  of  being  a  happy  people  under  his 
administration,  and  have  therefore,  just  reason  to  regret 
his  death  and  lament  it  as  a  public  loss. 

You  will  perceive  by  the  thirty-ninth  article  of  his  Maj- 
esty's instructions  to  Sir  Danvers  Osborn  (copies  of  which 
I  shall  herewith  deliver  you)  how  highly  his  Majesty 
is  displeased  at  the  neglect  of  and  contempt  shown  to  his 
royal  Commission  and  instructions  by  your  passing  laws  of 
so  extraordinay  a  nature,  and  by  such  your  unwarrantable 
proceedings,  particularly  set  forth  in  this  instruction.1 
Hence  also  his  Majesty's  royal  pleasure  as  to  these  matters 
will  appear,  and  what  he  expects  from  you.  On  this  head  I 
must  observe  to  you  that  by  our  excellent  constitution  the 
executive  power  is  lodged  in  the  Crown;  that  all  govern- 
ment is  founded  on  a  confidence  that  every  person  will 
discharge  the  duty  of  his  station;  and  if  there  should  be 
abuse  of  power  that  the  legal  and  regular  course  is  to  make 
application  to  his  Majesty,  who  having  a  paternal  tender- 
ness for  all  his  subjects,  is  always  ready  to  hear  and  re- 
dress their  grievances. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — I  must  earn- 
estly press  it  upon  you  that  in  preparing  your  bills  for  the 
support  of  government  and  other  public  services,  you  pay 
a  due  regard  to  his  Majesty's  pleasure,  signified  in  his  in- 
structions, and  frame  them  in  such  a  manner  as  when  laid 
before  me  for  my  assent  I  may  give  it  consistent  with  my 
duty  to  his  Majesty. 

The  provision  lately  made  for  repairing  his  Majesty's 
fort  and  Copsey  Battery  will  from  the  great  damage  done 

1  For  the  copy  of  the  39th  article  of  the  instructions  to  Governor  Osborn,  see 
post,  p.  532. 


JAMES  DE  LANCEY,  .1753.  529 

to  the  latter  by  the  late  storm  fall  very  short  of  answering 
those  purposes.  I  must  therefore  recommend  to  you  to 
make  further  provision  for  this  end;  and  also  for  complet- 
ing the  repairs  of  the  trading  house  at  Oswego.  I  need  not 
mention  to  you  the  importance  of  that  place;  you  will  see 
by  the  copy  of  the  letter  and  account  from  the  commanding 
officer  at  that  post  what  repairs  have  been  made  and  what 
is  still  necessary  to  be  done. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Among  the  public  papers  delivered  to  me,  I  find  a  letter 
from  Col.  William  Johnson  with  an  account  of  his  proceed- 
ings in  his  late  negotiations  with  the  Five  Nations  and 
other  Indians  on  the  frontiers,  copies  of  which  shall  be  laid 
before  you.  The  preserving  those  Indians  in  their  fidelity 
and  drawing  others  to  settle  among  them,  is  of  such  conse- 
quence to  his  Majesty's  service  and  the  safety  of  this  and 
the  other  Northern  colonies,  that  it  requires  at  all  times 
the  greatest  attention. 

The  method  now  practised  by  the  law  for  letting  to  farm 
the  excise  on  strong  liquors,  is  complained  of  as  burthen- 
some.  I  recommend  it  to  you  to  put  it  on  such  a  footing  as 
will  remedy  that  grievance.2 

I  must  also  recommend  to  you  the  passing  a  bill  for 
regulating  the  militia  that  the  people  may  be  trained  to  the 


2  The  policy  of  farming  out  the  excise  was  discontinued  at  this  session  in 
response  to  the  Lieutenant-Governor's  recommendation,  and  an  act  passed 
December  12th,  chap.  944,  provided  for  the  appointment  of  "  commissioners 
for  collecting  the  duty  of  excise "  in  each  county,  with  power  to  appoint 
retailers,  and  fix  the  duty  to  be  paid  by  them  for  the  year  beginning  January 
1,  17.~>4.  In  New  York  and  Albany  the  mayor,  recorder  and  aldermen  became 
ex-officio  commissioners  of  excise,  and  the  act  appointed  commissioners  in 
the  other  counties;  in  some  counties  three  persons  were  appointed,  in  others 
two,  and  in  others  there  was  only  one  commissioner.  The  moneys  collected 
under  the  act  were  to  be  used  in  canceling  bills  of  credit.  This  statute  seems 
to  have  been  the  beginning  of  the  policy  of  administering  excise  affairs  by  local 
commissioners,  which  policy  was  continued  with  modifications  until  changed 
by  the  Liquor  Tax  Law  of  1896,  which  placed  the  administration  in  a  State 
department  under  the  supervision  of  a  State  Commissioner  of  Excise. 


530  MESSAGES  FROM  THE  GOVERNOR. 

use  of  arms  and  prepared  for  their  defence  on  any  emer- 
gency.3 

The  good  effects  which  have  arisen  from  the  Act  made 
to  prevent  the  exportation  of  unmerchantable  flour  and  the 
false  taring  of  bread  and  flour  casks,  and  the  reputation  the 
manufacture  of  flour  has  gained  abroad  under  the  present 
regulations,  are  strong  arguments  to  induce  you  to  fall 
upon  some  effectual  means  to  prevent  the  frauds  which 
are  committed  in  beef,  pork,  and  other  commodities. 

GENTLEMEN. — My  inclination  and  interest  lead  me  to 
study  and  pursue  the  welfare  of  this  country.  You  cannot 
therefore  doubt  of  my  cheerful  concurrence  with  you  in 
such  measures  as  will  promote  that  end,  and  you  may  be 
assured  I  will  readily  give  my  assent  to  any  bills  that  have 
his  Majesty's  service  and  the  prosperity  of  the  Province 
for  their  object. 

JAMES  DE  LANCEY. 

City  of  New  York, 
31st  of  October,  1753. 

The  Lieutenant-Governor  also  transmitted  extracts  from 
the  instructions  issued  to  Governor  Osborn,  urging  the  en- 
actment of  laws  providing  for  a  permanent  revenue  for  the 
support  of  government,  the  laws  for  that  purpose  to  be  in- 
definite in  duration;  also  prohibiting  the  Governor  from 
receiving  presents  from  the  Assembly,  allowing  him  to  re- 
tain for  his  annual  salary  twelve  hundred  pounds  from  the 
King's  revenue,  and  authorizing  him  to  accept  a  further 
stated  allowance  by  the  Assembly. 

SPECIAL  MESSAGES. 

November  6.  Transmitting  letters  and  papers  relating 
to  Indian  affairs,  and  the  trading  house  at  Oswego. 


3  An  act  passed  December  12th,  chap.  947,  revived  and  re-enacted  the  Militia 
Law  of  1739. 


JAMES  DELANCEY,  1753.  531 

November  7.  Thanking  the  Council  and  the  Assembly 
for  their  addresses.  , 

November  12.  Transmitting  a  letter  from  the  Earl  of 
Holdernesse,  one  of  the  Secretaries  of  State,  conveying  in- 
formation concerning  a  projected  Indian  invasion  of 
British  colonies  "  supported  by  some  regular  European 
troops,"  and  directing  the  government  of  New  York  to  re- 
sist any  hostile  demonstrations  against  the  colony.  Con- 
cerning united  action  by  the  colonies  the  letter  continues: 

"And  whereas  it  may  be  greatly  conducive  to  his  Maj- 
esty's service,  that  all  his  Provinces  in  America,  should  be 
aiding  and  assisting  each  other,  in  case  of  any  invasion,  I 
have  it  particularly  in  charge  from  his  Majesty,  to  acquaint 
you,  that  it  is  his  royal  will  and  pleasure,  that  you  should 
keep  up  an  exact  correspondence  with  all  his  Majesty's 
Governors  on  the  Continent;  and  in  case  you  shall  be  in- 
formed by  any  of  them,  of  any  hostile  attempts,  you  are 
immediately  to  assemble  the  General  Assembly,  within 
your  Government,  and  lay  before  them  the  necessity  of  a 
mutual  assistance,  and  engage  them  to  grant  such  supplies 
as  the  exigency  of  affairs  may  require.  I  have  wrote  by 
this  conveyance,  to  all  his  Majesty's  Governors,  to  the 
same  purpose." 

The  next  day  the  Assembly  adopted  a  resolution  promis- 
ing to  assist  any  other  colony  in  case  of  its  invasion  by  a 
hostile  force.  (See  post  Special  Message,  April  17,  1754.) 

November  22.  Transmitting  a  letter  from  Col.  William 
Johnson  to  former  Governor  Clinton,  relating  to  Indian 
affairs. 

December  10.  Recommending  that  immediate  provision 
be  made  for  presents  to  the  Indians,  and  also  an  allowance 
to  the  Lieutenant-Governor  for  the  expenses  to  be  incurred 
by  him  in  a  proposed  interview  with  the  Indians. 

The  next  day  the  Assembly  passed  a  resolution  agreeing 
to  make  suitable  provision  for  presents,  and  for  an  allow- 
ance to  the  Lieutenant-Governor  in  accordance  with  his 
request. 


532  MESSAGES  FROM  THE  GOVERNOR. 

December  12.  The  Assembly  having  requested  the  ap- 
pointment of  counsel  to  assist  Abel  Hardenbrook,  keeper 
of  the  powder  house,  in  defending  a  suit  on  a  seizure  made 
by  Archibald  Kennedy,  Collector  of  Customs,  the  Lieu- 
tenant-Governor  informed  the  Assembly  that  he  had  ap- 
pointed as  counsel  Benjamin  Nicoll,  John  MacEvers,  and 
William  Livingston. 

December  12.  After  publishing  the  laws  passed  at  this 
session  the  Lieutenant-Governor  said  to  the  Assembly : 

'  *  You  must  be  sensible  you  have  not  acted  in  compliance 
with  his  Majesty's  royal  instructions.  You  will  have  an 
opportunity  during  this  recess  to  consult  your  constituents ; 
and  I  hope  at  your  next  meeting  you  will  bring  with  you 
such  dispositions  as  will  effectually  promote  the  public 
service,  and  that  you  will  then  proceed  with  a  due  regard 
to  what  his  Majesty  justly  expects  from  you,  and  thereby 
recommend  yourselves  to  his  royal  Grace  and  favor." 

The  Assembly  was  then  prrrogued  to  the  first  Tuesday 
of  March,  1754. 

THIRTY-NINTH    ARTICLE    OF    THE    INSTRUCTIONS    TO    GOVERNOR 

OSBORN.     (See  note  1.) 

"  Whereas  it  hath  been  represented  to  us,  that  great  disputes  and  animosities 
have  for  some  time  past  subsisted  among  the  several  branches  of  the  Legis- 
lature of  our  Province  of  New  York;  that  the  peace  and  tranquillity  of  the 
said  Province  has  been  disturbed,  order  and  government  subverted,  the  course 
of  justice  obstructed;  and  our  royal  prerogative  and  authority  trampled  upon, 
and  invaded  in  a  most  unwarrantable  and  illegal  manner.  And  whereas  the 
Assembly  of  our  said  Province,  have  not  only  refused  to  comply  with  the 
powers  and  directions  which  we  have  thought  expedient  to  give  by  our  commis- 
sion and  instructions  to  our  Governor  of  the  said  Province,  with  respect  to 
money  raised  for  the  supply  and  support  of  government,  but  have  also,  in 
open  violation  of  our  said  commission  and  instructions,  assumed  to  them- 
selves in  the  laws  which  they  have  annually  or  occasionally  passed,  the  disposal 
of  public  money,  the  nomination  of  all  officers  of  government,  the  direction  of 
the  militia,  and  of  such  other  troops  as  have  been  raised  for  our  service;  and 
many  other  executive  parts  of  government,  which  by  our  said  commission 
and  instructions  we  have  thought  proper  to  reserve,  and  which  by  law  belong 
to  our  Governor  only.  And  whereas  it  likewise  appears,  that  some  of  our 
council  of  said  Province,  not  regarding  the  duty  and  allegiance  they  owe  us, 
and  the  trust  we  have  reposed  in  them,  have  joined  and  concurred  with  the 


JAMES  DE  LANCET,  1753.  533 

Assembly  in  those  unwarrantable  measures.  We  therefore,  being  extremely 
sensible  how  much  all  such  animosities  and  divisions  amongst  the  different 
branches  of  the  legislature,  and  the  unwarrantable  proceedings  which  have 
attended  the  same,  must  affect  and  prove  destru«tive  of  the  peace  and  security 
of  our  said  Province,  lessen  and  impair  that  due  authority  which  by  right 
belongs  to  us  in  the  government  thereof;  and  thereby  alienate  the  hearts  and 
affections  of  our  loving  subjects;  and  being  determined  at  the  same  time,  that 
we  do  protect  our  loving  subjects  in  the  lawful  enjoyment  of  their  rights  and 
privileges,  not  to  permit  our  own  authority  and  prerogative  to  be  in  any  degree 
violated,  or  unduly  lessened,  by  any  encroachments  whatever.  It  is  our  express 
will  and  pleasure,  and  you  are  hereby  strictly  enjoined  and  required  forthwith, 
upon  your  arrival,  to  use  your  best  endeavors  in  the  most  prudent  manner,  to 
quiet  the  minds  of  our  loving  subjects,  and  reconcile  the  unhappy  differences 
subsisting  amongst  them,  and  having  called  the  Council  and  Assembly  of  our 
said  Province  together,  you  are  to  signify  to  them  in  the  strongest  arid  most 
solemn  manner,  our  high  displeasure  for  their  neglect  of,  and  the  contempt 
they  have  shown  to  our  royal  commission  and  instructions,  by  passing  laws 
of  so  extraordinary  a  nature,  and  by  such  their  unwarrantable  proceedings; 
and  that  we  do  strictly  charge  and  enjoin  them  for  the  future  to  pay  to  our 
said  commission  and  instructions  due  obedience;  receding  from  all  unjusti- 
fiable encroachments  upon  our  legal  authority  and  prerogative,  and  demeaning 
themselves  in  their  respective  stations  with  a  due  regard  thereto,  and  to  the 
peace,  security  and  prosperity  of  the  Province.  And  whereas,  nothing  can  more 
effectually  tend  to  re-establish  good  order  and  government  within  our  said 
Province,  and  promote  its  future  peace  and  prosperity,  than  the  having  a 
permanent  revenue  settled  by  law,  upon  a  solid  foundation,  for  defraying  the 
necessary  charges  of  government,  for  want  of  which  great  inconveniency  and 
prejudice  have  hitherto  arisen  to  our  service,  and  to  the  affairs  of  our  said 
Province.  It  is  therefore,  our  further  will  and  pleasure,  that  you  do  in  the 
strongest  manner,  recommend  to  the  Assembly,  in  our  name,  without  delay, 
to  consider  of  a  proper  law,  to  be  passed  for  this  purpose,  taking  care  that 
such  law  shall  be  indefinite  and  without  limitation,  and  that  Provision  be  made 
therein  for  the  salary  allowed  by  us,  to  our  Captains  General  and  Governors 
in  Chief  of  our  said  Province;  and  likewise,  for  competent  salaries  to  all 
judges,  justices  and  other  necessary  officers  and  ministers  of  government,  and 
for  repairing  the  fortifications,  and  erecting  such  new  ones,  as  the  security 
and  safety  of  the  Province  may  require ;  for  making  annual  presents  to  the 
Indians,  and  for  the  expense  attending  the  same;  and  in  general,  for  all  such 
other  charges  of  government,  as  may  be  fixed  or  ascertained.  It  is,  neverthe- 
less, our  will  and  pleasure,  and  you  are  hereby  impowered,  after  the  passing 
such  law  as  aforesaid,  to  give  your  assent  to  any  temporary  law  or  laws  for 
defraying  the  expenses  of  temporary  services.  Provided  always,  that  the  said 
law  or  laws  do  expire  and  have  their  full  effect,  when  the  services  for  which 
said  law  or  laws  were  passed,  shall  cease  and  be  determined:  and  that  they 
be  consistent  with  our  royal  prerogative,  and  our  commission  and  instruc- 
tions to  you.  And  it  is  our  further  will  and  pleasure,  that  all  money  raised 


534  MESSAGES  FROM  THE  GOVERNOR. 

for  the  supply  and  support  of  government,  or  upon  emergencies  for  a  temporary 
service  as  aforesaid,  shall  be  disposed  of,  and  applied  to  the  service  only  for 
which  it  was  raised;  by  warrant  from  you,  by  and  with  the  advice  and  consent 
of  the  Council  of  our  said  Province,  and  no  otherwise.  But,  the  Assembly  may, 
nevertheless,  be  permitted  from  time  to  time  to  view  and  examine  the  accounts 
of  money  disposed  of  by  virtue  of  laws  made  by  them;  which  you  are  to  signify 
to  them,  as  there  shall  be  occasion.  And  it  is  our  further  will  and  pleasure, 
that  if  any  of  the  members  of  our  Council,  or  any  officer  holding  or  enjoying 
any  place  of  trust  or  profit,  within  our  said  Government,  shall  in  any  manner 
whatever,  give  his  or  their  assent  to,  or  any  wise  advise  or  concur  with  the 
Assembly  in  passing  any  act  or  vote,  whereby  our  royal  prerogative  may  be 
lessened,  or  impaired,  or  whereby  any  money  shall  be  raised  or  disposed  of, 
for  the  public  service  contrary  to,  or  inconsistent  with  the  method  prescribed 
by  these  our  instructions  to  you;  you  shall  forthwith  remove  or  suspend  such 
councilor  or  other  officer  so  offending,  giving  to  our  commissioners  for  trade 
and  plantations,  an  immediate  account  thereof  in  order  to  be  laid  before  us." 


1754.    APRIL.     TWENTY-SEVENTH  ASSEMBLY,  FOURTH  SESSION. 


JAMES  DE  LANCEY,  Lieutenant-Governor. 

The  Assembly  met  April  9,  and  on  that  day  the  Lieuten- 
ant-Governor delivered  the  following 

OPENING  SPEECH: 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  advices  I  have  received  during  your  recess  are  of  so 
interesting  a  concern  to  his  Majesty  and  his  American 
subjects  as  laid  me  under  a  necessity  of  calling  you  to- 
gether thus  early  for  your  advice  and  assistance. 

The  progress  the  French  have  already  made  in  taking 
possession  of  his  Majesty's  lands  and  building  forts  upon 
a  most  important  pass  between  the  Lake  Erie  and  the  River 
Ohio,  will  appear  by  the  papers  I  shall  order  to  be  laid 
before  you.  'Tis  evident  they  hope  by  these  advances  to 
surround  and  confine  his  Majesty's  colonies  as  much  as 


JAMES  DE!JANCEY,  1754.  535 

possible,  and  as  the  fur  trade  depends  on  the  supplies  of 
arms  and  ammunition  which  the  Indians  now  receive  in 
common  from  both  nations,  the  French  think  by  cutting 
off  all  intercourse  between  the  far  Nations  of  Indians  and 
us  they  may  in  time  secure  the  sole  benefit  of  that  trade 
to  themselves,  and  attach  them  so  firmly  to  their  interest 
as  to  be  ready  at  all  times  to  join  in  any  attempts  they  may 
make  on  his  Majesty's  colonies. 

The  government  of  Virginia,  sensible  of  the  dangerous 
tendency  of  these  proceedings,  is  determined  if  possible  to 
put  a  stop  to  them,  and  for  this  purpose,  as  they  look  upon 
it  to  be  the  common  cause  of  all  the  Provinces,  have  re- 
quested their  aid  and  assistance.  Your  loyalty  and  affec- 
tion for  his  Majesty's  person  and  government,  with  the 
late  resolution  on  the  Eight  Honorable  the  Earl  of  Holder- 
nesse's  letter,1  which  you  will  see  his  Majesty  has  been 
graciously  pleased  to  approve  of,  give  me  well-grounded 
hopes  that  you  will  exert  your  greatest  efforts  to  vindicate 
the  honor  of  his  Majesty's  Crown  and  justify  his  undoubted 
rights  against  the  invaders  of  his  property. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  In  obedience  to 
his  Majesty's  commands,  I  must  desire  you  will  grant  such 
supplies  as  the  exigency  of  these  affairs  may  require  by 
enabling  me  to  raise  and  send  such  force  to  the  assistance 
of  our  neighbors  as  may  leave  them  no  room  to  doubt  of 
your  readiness  to  take  part  in  every  expense  necessary  for 
the  public  utility.2 

I  am  commanded  by  his  Majesty,  forthwith  to  send  two 
complete  companies  of  the  troops  posted  here  into  the 
Province  of  Virginia,  and  shall  do  it  with  all  possible  dis- 

1  This  resolution  to  assist  other  colonies  in  case  of  invasion  by  a  hostile  force 
was  adopted  November  13,  1753,  at  the  previous  session  of  the  Assembly. 

2  In  response  to  this  suggestion  the  Assembly  on  the  24th  of  April,  presented 
to  the  Lieutenant  Governor  an  address,  which  considered  several  aspects  of 
French  encroachment  on  the   Ohio  frontier.     Extracts  from   his   address   are 
given  under  the  head  of  Special   Messages. 


536  MESSAGES  FROM  THE  GOVERNOR. 

patch  after  yon  have  provided  for  the  expense  of  their 
transportation  and  subsisting  them  with  provisions  for  the 
time  they  may  be  employed  on  the  intended  service,  which 
I  earnestly  recommend  to  you  to  do  without  delay.3 

The  Six  Nations  of  Indians  are  justly  alarmed  at  the 
encroachments  of  the  French,  and  unless  the  colonies  unite 
in  measures  for  building  forts  in  their  country  for  their 
security  and  the  safety  of  the  women  and  children  when 
the  men  are  abroad,  and  for  sending  smiths  and  other 
proper  persons  to  reside  among  them,  I  am  apprehensive 
we  shall  lose  the  little  influence  we  still  have  over  them. 
This  is  a  matter  that  well  deserves  your  serious  attention, 
as  upon  it  depends  the  greatest  security  we  have  for  the 
fidelity  of  those  people;  and  although  it  be  reasonable  that 
the  expense  be  borne  by  the  colonies  in  general,  yet  as 
those  nations  more  immediately  depend  upon  the  Province 
of  New  York,  any  scheme  for  their  safety  and  protection 
will  naturally  be  expected  to  take  its  rise  here.  'Twill 
therefore  be  showing  your  regard  for  the  welfare  of  this 
and  all  the  colonies  by  declaring  your  willingness  in  a 
public  resolution  to  bear  a  proportion  of  the  charge  of 
erecting  and  maintaining  such  forts.  I  have  already  the 
sentiments  of  several  of  his  Majesty's  Governors  on  this 
point,  and  am  led  from  the  common  danger  to  hope  for  the 


3  The  Assembly  in  its  address  presented  to  the  Governor  on  the  12th  of  April, 
expressed  its  willingness  to  make  provision  for  transporting  the  two  independ- 
ent companies  to  be  sent  to  Virginia,  but  hoped  their  absence  might  "  prove 
but  for  a  season,  as  this  Province  from  the  nature  of  its  situation,  from  its 
long  connection  with  the  Five  Nations,  its  old  allies,  and  from  its  vicinity  to 
the  powerful  French,  seems  justly  to  be  looked  on  as  a  frontier  highly  deserving 
of  his  most  Sacred  Majesty's  care  and  protection,"  and  on  the  17th  directed 
that  a  bill  be  prepared,  among  other  things  appropriating  one  thousand  pounds 
for  this  purpose.  The  bill  did  not  become  a  law  at  this  session,  but  at  a 
subsequent  session,  August  29,  1754,  an  act  was  passed,  chap.  957,  appropriat- 
ing five  thousand  pounds  for  the  assistance  of  Virginia  and  Pennsylvania  in 
dispossessing  the  French  and  Indians  who  had  encroached  on  the  Ohio  frontier. 
This  act  included  an  item  for  the  expense  of  transporting  the  two  companies 
to  Virginia. 


JAMES  DELANCEY,  1754.  537 

assistance   of   several   of   the   neighboring   colonies   in   a 
measure  of  so  general  concern.4 

And  while  you  have  this  matter  iihder  consideration,  I 
must  recommend  to  you  that  of  the  open  and  defenceless 
condition  of  our  northern  frontier,  and  that  you  will  enable 
me  to  build  some  fort  or  forts  in  a  proper  situation,  till  I 
have  used  my  endeavors  to  bring  his  Majesty's  other  gov- 
ernments concerned  in  the  defence  of  that  part  of  the 
country  to  contribute  to  the  charge  of  erecting  as  many 
forts  on  this  quarter  as  may  be  necessary  to  guard  them 
and  us  from  the  incursions  of  the  enemy  in  time  of  war. 

You  are  well  convinced  of  the  importance  of  the  trading 
house  at  Oswego,  and  therefore  I  need  use  no  arguments 
to  prevail  with  you  to  grant  a  sufficient  sum  to  put  that 
fortress  into  thorough  repair.  It  appears  the  more  neces- 
sary at  this  time  as  the  French  in  their  way  to  the  Ohio 
pass  that  post,  and  should  they  expect  it  to  be  unprovided 
for  a  defence  we  have  no  reason  from  their  late  proceed- 
ings to  doubt  they  would  make  an  attempt  upon  it.  I  there- 
fore think  it  highly  expedient  to  order  a  double  garrison 
thither  of  his  Majesty's  troops,  and  wait  only  for  your 
making  suitable  provision  for  it.5 

Copsey  Battery  in  this  city,  you  are  sensible,  is  in  a 
ruinous  condition,  and  I  am  persuaded  you  will  think  it. 
absolutely  necessary  to  put  it  into  good  repair. 

I  have  appointed  the  fourteenth  of  June  next  for  the 
interview  with  the  Six  Nations  at  Albany,  and  as  the  time 
now  draws  near  you  will  provide  for  presents  to  be  dis- 
tributed among  them  at  this  meeting,  and  for  the  expense 
of  my  voyage  thither.6 


4  In  the  special  messages  under  date  of  April  19th,  the  Lieutenant-Governor 
considers  the  subject  of  forts  in  the  Indian  country  in  response  to  an  address 
from  the  Assembly. 

5  See  special  message  of  April  19th,  as  to  repairs  to  the  fort  at  Oswego. 

6  At  the  next  session  an  act  was  passed,  May  4,  1754,  chap.  955,  appropri- 
ating eight  hundred  pounds  for  presents  to  the  Indians,  and  one  hundred  and 
fifty  pounds  for  the  Lieutenant-Governor's  expenses  on  his  expected  interview 
with  them. 


538  MESSAGES  FKOM  THE  GOVERNOR. 

GENTLEMEN  or  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  matters  I  have  recommended  to  your  consideration  are 
of  so  great  importance  as  do  not  permit  me  to  divert  your 
attention  by  laying  anything  else  before  you  at  present. 
I  shall  therefore  only  recommend  that  you  will  give  them 
that  due  weight  and  dispatch  they  seem  to  demand  of  you, 
and  I  make  no  doubt  but  the  result  of  your  deliberations 
will  reflect  honor  on  yourselves,  and  be  a  benefit  to  your 
country.  You  may  be  assured  of  my  hearty  and  cheerful 
concurrence  in  every  measure  calculated  for  his  Majesty's 
service  and  the  happiness  of  the  people  of  this  Province. 

JAMES  DELANCEY. 

Fort  George  New  York 
9th  April  1754. 

SPECIAL  MESSAGES. 

April  9.  The  Lieutenant-Governor  transmitted  several 
papers  mentioned  in  his  opening  speech,  including  sundry 
letters  from  the  Governor  of  Virginia,  advising  the  steps 
that  government  are  taking  to  oppose  the  invasions  of  the 
French  on  the  Ohio,  and  requesting  the  aid  and  assistance 
of  this  government  therein;  also  a  letter  from  Governor 
Shirley  and  another  from  Governor  Hamilton  of  the  18th 
ult.,  and  several  papers  containing  intelligence  of  the  pro- 
ceedings of  the  French  on  the  Ohio. 

April  11.     Thanking  the  Council  for  its  address. 

April  12.  Thanking  the  Assembly  for  its  address,  the 
Lieutenant-Governor  said : 

' '  I  am  sensible  of  the  difficulties  the  Province  labored 
under  during  the  late  war,  and  the  heavy  expense  the 
people  were  put  to  for  the  public  services,  and  hope  the 
charge  which  must  necessarily  accrue  on  your  providing 
for  the  other  matters  I  have  recommended  to  you,  will 
appear  in  a  favorable  light  to  his  Majesty,  and  excuse  your 
not  contributing  so  liberally  to  the  assistance  of  the  colony 


JAMES  DELANCEY,  1754.  539 

of  Virginia,  on  this  important  occasion  as  his  Majesty 
might  otherwise  have  justly  expected  from  you. 

The  situation  of  this  colony  in  respect  to  the  French  of 
Canada,  must  inevitably  expose  us  to  greater  danger  than 
our  neighbors,  and  augment  the  public  taxes ;  which  as  they 
are  to  be  employed  for  the  defence  and  safety  of  the  people, 
will,  I  am  persuaded,  be  cheerfully  borne  by  them." 

April  17.  The  Lieutenant-Governor  sent  the  following 
message  to  the  Assembly: 

1 1  You  will  perceive  by  the  letter  from  the  Earl  of  Holder- 
ness,  already  laid  before  you,  and  an  extract  of  a  letter 
from  the  Lords  Commissioners  for  trade  and  plantations, 
sent  you  herewith,  that  your  resolution  a  to  make  a  suitable 
provision  for  assisting  any  of  the  neighboring  colonies,  to 
repel  force  by  force,  in  case  they  be  invaded  in  a  hostile 
manner,  by  any  armed  force  whatsoever,  has  raised  a  just 
expectation  in  his  Majesty  and  his  Ministers,  that  you  will 
act  in  a  manner  suitable  to  this  resolution.  I  must,  there- 
fore, earnestly  recommend  to  you,  now  the  French  are  in 
motion,  and  with  an  apparent  intention  to  invade  one  of 
his  Majesty's  colonies,  that  you  would  exert  yourselves 
on  this  occasion,  and  enable  me  to  give  such  assistance  to 
the  colony  of  Virginia,  as  the  present  exigency  demands. 

JAMES  DELANCEY." 

April  19.  The  Assembly  having  requested  the  Lieu- 
tenant-Governor to  use  his  endeavors  "  with  the  neighbor- 
ing governments  to  join  in  the  expense  of  building  and 
maintaining  forts  among  the  Indian  nations,  and  on  the 
northern  parts  of  this  colony  for  the  common  security  and 
defence, ' '  he  said  ' '  he  would  use  his  endeavors  accordingly, 
and  hoped  that  some  scheme  would  be  concerted  for  that 
purpose  at  the  general  interview  with  the  Indians  on  the 
14th  of  June  next." 

On  the  same  day  the  Lieutenant-Governor  said,  in  re- 
sponse to  the  Assembly's  request,  that  he  would  immedi- 


Adopted  November  13,  1753. 


540  MESSAGES  FROM  THE  GOVERNOR. 

ately  give  directions  "  to  the  commissioners  for  collecting 
the  duties  on  goods  carried  to  Oswego  for  trade  to  put  that 
fortress  into  good  repair." 

April  19.  The  Lieutenant-Governor  sent  the  following 
message  to  the  Assembly: 

11  While  you  have  under  consideration  the  providing  for 
the  expense  occasioned  by  the  motions  of  the  French 
towards  the  Ohio,  and  for  the  defence  of  this  Province,  I 
must  recommend  to  you  the  supplying  the  out  garrisons 
with  gun  powder,  and  raising  a  sufficient  sum  of  money  to 
answer  the  contingent  charges  that  may  arise  by  expresses 
or  otherwise,  and  placing  a  small  sum  of  money  in  the 
hands  of  the  officer  at  Oswego,  to  be  laid  out  in  little 
presents  to  be  given  to  such  as  visit  him  at  that  place ;  this 
is  a  practice  of  the  French,  and  these  little  things  season- 
ably given,  have  a  better  effect  than  those  of  greater  value 
at  other  times. 

JAMES  DELANCEY." 

April  24.  The  Lieutenant-Governor  sent  the  following 
message  to  the  Assembly : 

11  The  division  line  between  this  government  and  the 
Province  of  New  Jersey  not  being  settled,  has  lately  given 
rise  to  great  tumults  and  disorders  among  the  people  of 
Orange  county  and  the  adjacent  inhabitants  of  New  Jersey, 
and  may  produce  worse  evils,  unless  prevented  by  a  timely 
care.  Nothing  can  answer  this  purpose  so  effectually,  I 
think,  as  the  fixing  a  temporary  line  of  peace  between  us, 
until  his  Majesty's  pleasure  shall  be  known  in  this  matter. 
Governor  Belcher  assures  me  of  his  sincere  desire,  that 
amicable  and  conciliating  measures  may  be  fallen  upon  by 
both  governments,  to  make  the  borders  easy;  and  I  have 
proposed  to  him  the  running  such  line,  conformable  to  the 
opinion  of  his  Majesty's  Council,  signified  in  their  report 
to  me,  which  I  shall  order  to  be  laid  before  you,  and  if  it 


JAMES  DE!JANCEY,  1754.  541 

receives  his  approbation,  I  shall  forthwith  appoint  commis- 
sioners for  running  such  line  of  peace,  and  apply  to  that 
Government  to  do  the  like  on  their  pajt;  and  the  expenses 
of  which  I  must  recommend  to  you  to  provide  for. 

The  same  step  is  necessary  to  be  taken  for  the  adjusting 
all  disputes  between  the  Massachusetts  Bay  and  this  Prov- 
ince, until  the  true  partition  line  be  finally  determined  in 
a  legal  course,  and  Governor  Shirley  presses  me  to  forward 
a  meeting  of  commissioners  from  both  Provinces.  By  the 
act  for  examining  into  the  eastern  boundaries  of  this  colony, 
at  least  seven  of  the  committee  and  commissioners  are 
necessary  to  put  in  execution  the  powers  of  that  act,  which 
must  increase  the  expense  of  the  meeting.  I  shall  there- 
fore only  appoint  two  or  three  fit  persons  with  the  advice 
of  the  Council;  and  as  Mr.  Shirley  proposes  to  send  Com- 
missioners to  the  interview  at  Albany,  I  have  hopes  he  will 
appoint  the  same  gentlemen  for  this  service,  that  the  busi- 
ness may  be  transacted  as  soon  as  the  conferences  are 
at  an  end. 

At  this  time  every  difference  should  be  carefully  avoided 
that  might  interrupt  a  general  harmony  and  unanimity 
among  the  colonies,  on  which  the  success  of  their  endeavors 
to  repel  the  attempts  of  the  French  greatly  depends;  I 
therefore  assure  myself  you  will  readily  provide  for  the 
expense  that  may  arise  on  the  meeting  of  those  commis- 
sioners, and  that  you  will  come  to  a  speedy  resolution  there- 
upon, that  I  may  notify  the  same  to  the  governments  con- 
cerned. 

JAMES  DELANCEY." 

April  24.  The  Assembly  presented  to  the  Lieutenant- 
Governor  an  address  relative  to  the  French  occupation  of 
lands  adjacent  to  the  Ohio  River,  saying,  among  other 
things,  that  ' '  the  French  have  built  a  fort  at  a  place  called 
the  French  Creek  at  a  considerable  distance  from  the  river 


542  MESSAGES  FROM  THE  GOVERNOR. 

Ohio,  which  may,  but  does  not  by  any  evidence  or  informa- 
tion, appear  to  us  to  be  an  invasion  of  any  of  his  Majesty's 
colonies,  nor  does  the  government  of  Virginia  seem  to  look 
upon  it  as  such;  for  Mr.  Dinwiddie,  his  Majesty's  Lieu- 
tenant-Governor of  that  colony,  tells  your  Honor  in  his 
letter  of  the  21st  of  March  last,  that  the  plan  of  operation 
is  no  more  than  to  take  possession  of  the  lands  in  his 
Majesty's  name,  and  build  forts  agreeable  to  his  commands 
(as  we  have  long  since  done  at  our  own  expense,  by  erect- 
ing and  maintaining  a  fortress  at  Oswego)  which  lands  we 
understand  to  be  those  lying  on  the  Eiver  Ohio,  and  your 
Honor  will  perceive  by  our  minutes  of  Wednesday  last, 
that  we  have  allowed  the  sum  of  one  thousand  pounds  for 
the  transportation  and  subsistence  of  the  two  independent 
companies,  appointed  to  assist  the  government  of  Virginia, 
in  executing  that  design,  which  we  conceive  to  be  an  assist- 
ance fully  adequate  to  the  undertaking. 

This  we  beg  your  Honor  will  be  pleased  to  represent  in 
a  favorable  light,  to  the  Lords  Commissioners  for  Trade 
and  Plantations,  with  an  assurance  that  this  House  will 
not  be  wanting  in  contributing  any  assistance  in  their 
power,  consistent  with  the  safety  and  security  of  this 
Colony,  to  such  of  his  Majesty's  colonies  whose  known 
limits  may  be  invaded  by  any  enemy  whatsoever." 

To  this  address,  the  Lieutenant-Governor  replied  as 
follows : 

'  *  I  cannot  but  differ  in  opinion  with  you,  as  I  look  on 
the  late  attempts  of  the  French,  to  be  an  encroachment 
upon  his  Majesty's  undoubted  territory.  The  lands  lying 
between  the  Seneka's  country,  the  Lake  Erie  and  the  River 
Ohio,  formerly  belonged  to  a  nation  of  Indians  called  the 
Eries,  whom  the  Five  Nations  conquered  and  extirpated, 
and  thus  became  masters  of  their  lands,  and  by  the  treaty 
of  Utrecht,  the  French  acknowledge  those  Indians,  called 
the  Five  Nations  or  cantons,  to  be  subjects  of  the  dominion 


JAMES  DELANCEY,  1754.  543 

of  Great  Britain.  And  therefore,  the  two  forts  the  French 
have  built,  are  evidently  an  invasion  on  his  Majesty's  terri- 
tories, though  perhaps  not  so  clearly  within  the  limits  of 
any  colony  in  particular ;  but  from  the  idea  I  have  formed 
to  myself  of  that  part  of  the  country,  those  two  forts  seem 
to  be  within  Pennsylvania  government. 

The  intelligence  I  have  laid  before  you,  shows  the  num- 
ber of  forces  the  French  are  sending  to  the  Ohio,  and  when 
you  consider  that  the  forts  they  have  already  erected  were 
last  year  well  garrisoned,  you  cannot  think  that  these  forces 
are  for  that  use  only,  but  must  be  designed  either  to  garri- 
son other  forts,  or  to  attack  and  dislodge  the  Virginians 
in  the  settlement  they  are  now  making,  and  probably  both ; 
and  any  assistance  you  may  give  after  being  convinced  of 
this  point,  whether  these  invasions  are  within  the  limits 
of  any  of  his  Majesty's  colonies,  may  perhaps  be  then  too 
late.  It  may  not  be  very  difficult  to  drive  away  the  French, 
if  timely  and  vigorous  efforts  be  used,  before  they 
strengthen  themselves  by  increase  of  forts  in  that  country, 
and  by  erecting  some  of  stone,  and  putting  in  them  large 
garrisons,  render  our  attempts  to  reduce  them  ineffectual. 

I  have  already  transmitted  to  the  Eight  Honorable  the 
Lords  Commissioners  for  Trade  and  Plantations,  the 
reasons  you  urge  for  not  giving  greater  assistance  at  this 
time  to  Virginia,  and  shall,  also  by  the  first  opportunity, 
transmit  this  representation. 

JAMES  DELANCEY." 

April  24.  The  Assembly  having  represented  to  the 
Lieutenant-Governor  that  the  gun-powder  in  the  magazine 
in  New  York  had  been  seized  by  the  collector  of  customs, 
on  the  ground  that  it  had  been  unlawfully  imported, 
whereby  the  colony  had  been  deprived  of  its  use  as  a  means 
of  defense,  and  having  requested  the  Lieutenant-Governor 
to  take  such  action  as  might  be  deemed  proper  in  the  prem- 


544  MESSAGES  FROM  THE  GOVERNOR. 

ises,  lie  replied  that  he  would  present  the  matter  to  the 
Lords  of  Trade. 

April  26.  In  response  to  the  Assembly's  request,  the 
Lieutenant-Governor  said  he  would  use  his  best  endeavors 
to  have  a  temporary  line  settled  between  this  colony  and 
Massachusetts  Bay  and  New  Jersey.  An  act  passed  De- 
cember 7,  1754,  chapter  969,  submitted  the  New  Jersey 
boundary  question  to  the  King  for  final  determination. 

May  1.  The  subject  of  money  bills  appeared  again  at 
this  session,  in  an  address  from  the  Council  to  the  Lieu- 
tenant-Governor reciting  that  it  had  received  from  the 
Assembly  an  appropriation  bill,  but  had  declined  to  amend 
it,  for  the  reason  that  such  a  proposed  amendment  would 
precipitate  another  controversy  as  to  the  Council's  power, 
and  for  that  reason  had  requested  a  conference  of  the 
Assembly  on  the  bill,  which  conference  had  been  refused. 
The  Council  therefore  suggested  the  propriety  of  pro- 
roguing the  Assembly. 

The  Lieutenant-Governor  replied  that  he  had  doubts 
whether  it  would  be  proper  for  him  to  prorogue  the  Assem- 
bly while  the  bill  remained  unrejected  by  the  Council,  and 
thereupon  returned  the  bill  to  the  Council.  In  the  after- 
noon of  the  same  day  the  Council  rejected  the  bill,  where- 
upon after  publishing  the  laws  which  had  been  passed,  the 
Lieutenant-Governor  prorogued  the  Assembly  to  the  2d 
of  May. 


1754.     MAY.     TWENTY-SEVENTH  ASSEMBLY,  FIFTH  SESSION. 


JAMES  DE  LANCEY,  Lieutenant-Governor. 

The  Assembly  met  May  2d,  and  the  Lieutenant-Governor 
delivered  the  following 

OPENING  SPEECH: 

"As  the  several  matters  I  lately  recommended  to  you  are 
still  fresh  in  your  memories,  I  think  it  needless  to  repeat 
them. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  I  am  convinced 
that  the  Council,  when  they  rejected  the  bill  to  apply  sev- 
eral sums  of  money  for  the  use  and  security  of  this  colony, 
were  of  opinion  the  services  were  highly  necessary ;  but  as 
they  conceived  the  manner  in  which  that  bill  was  framed 
to  be  repugnant  to  his  Majesty's  commission  and  instruc- 
tions, they  thought  themselves  in  duty  to  his  Majesty, 
bound  to  refuse  their  consent  to  it;  and  I  hope  when  you 
again  take  these  services  into  consideration  (which  you  are 
sensible  can  admit  of  no  delay),  you  will  frame  the  bill  so 
as  it  may  not  lay  the  Council  under  any  difficulty  of 
passing  it.1 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  must  press  you  to  proceed  in  this  matter  with  unanimity 
and  dispatch;  His  Majesty's  service  and  the  safety  of  the 
Province  requiring  it. 

JAMES  DELANCEY." 

SPECIAL  MESSAGES. 

May  2.    Thanking  the  Assembly  for  its  address. 
May  3.    Thanking  the  Council  for  its  address. 


1  The  difference  of  opinion  between  the  Council  and  the  Assembly  concerning 
this  bill  has  already  been  noted  in  the  Special  Messages  at  the  previous  ses- 
sion, under  date  of  May  1st,  ante,  p.  544. 

35  [545] 


546  MESSAGES  FROM  THE  GOVERNOR. 

May  3.  Replying  to  the  Assembly's  address,  the  Lieu- 
tenant-Governor said  he  would  reinforce  the  garrison  of 
Oswego  with  twenty-five  men  of  the  independent  companies 
and  provide  for  their  subsistence  for  twelve  months. 

May  4.  Urging  the  Assembly  to  make  provision  for 
transporting  the  two  companies  to  be  sent  to  Virginia, 

May  4.  The  Lieutenant-Governor,  after  delivering  a 
vigorous  protest  against  the  failure  of  the  Assembly  to 
make  proper  provision  for  transporting  the  troops  to  Vir- 
ginia, prorogued  it  to  the  28th  instant. 


1754.     AUGUST.    TWENTY-SEVENTH  ASSEMBLY,  SIXTH  SESSION. 

JAMES  DE  LANCEY,  Lieutenant-Governor ;   SIR  CHARLES 
HARDY,  Governor  from  September  3,  1755. 

After  several  prorogations  the  Assembly  met  on  the 
20th  of  August,  and  the  Lieutenant-Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN  OP  THE  COUNCIL  AND  GENERAL  ASSEMBLY.— 
The  French  forces  in  conjunction  with  a  number  of  Indians 
having  lately  attacked  and  defeated  the  British  troops 
under  the  command  of  Col.  Washington  on  this  side  of  the 
Ohio,  within  the  undoubted  limits  of  his  Majesty's  domin- 
ions, and  as  I  am  informed,  built  a  fort  on  the  forks  of 
Monongahela,  I  was  obliged  to  call  you  together  at  this  time. 

It  is  evident  and  needs  no  arguments  to  prove  how  con- 
ducive it  must  be  to  his  Majesty's  service  and  the  general 
welfare  of  all  the  colonies,  that  we  should  be  aiding  and 
assisting  to  each  other  in  case  of  any  invasion.  In  this 
situation  it  is  incumbent  on  all  the  Provinces  to  give  the 
Virginians  the  aid  they  stand  in  need  of.  It  behooves  us 


JAMES  DE  LANCET,  1754.  547 

more  particularly  to  exert  ourselves,  for  as  we  have  a  large 
and  extended  frontier  exposed  to  the  French  and  their 
Indians,  we  cannot  with  any  decency/  should  this  Province 
be  attacked,  call  upon  the  other  governments  on  the  con- 
tinent, or  with  reason  expect  assistance  from  them,  unless 
we  now  cheerfully  throw  in  our  contributions  to  enable  the 
Virginians  to  repel  the  French  and  drive  them  out  of  the 
limits  of  his  Majesty's  dominions.  This  is  a  point  that 
deserves  your  most  serious  attention.1 

There  is  another  which  requires  it  no  less;  and  that  is, 
the  defenceless  state  of  the  Province.  View  the  fortifica- 
tions of  this  city,  and  let  your  own  eyes  inform  you  what 
repairs  are  necessary,  and  what  other  works  wanting  to 
strengthen  and  defend  it.  Consider  how  near  the  most 
populous  and  best  part  of  Canada  is  to  Albany,  how  weak 
and  unprepared  for  a  defence  that  city  is;  that  we  have 
not  any  place  of  strength  above  it  on  Hudson's  Elver,  to 
retard  an  enemy  one  moment,  so  that  they  might  be  at  our 
doors  to  give  us  the  first  notice  of  our  danger.  The  conse- 
quences that  must  attend  the  loss  of  Albany  is  a  subject 
more  proper  for  your  own  reflection  than  for  me  to  enlarge 
upon.  A  place  of  so  great  importance  ought  to  be  well  pro- 
vided for  its  defence  in  all  events.  A  strong  fort  on  Hud- 
son's Eiver  must  be  a  great  security  to  that  city,  as  intelli- 
gence might  be  sent  from  thence  of  the  approach  of  an 
enemy,  and  the  place  thus  enabled  to  hold  out  till  a  sufficient 
force  could  be  brought  to  its  relief,  which  might  be  soon 
done.  And  a  fort  on  that  quarter  must  also  in  time  of  war 
be  a  great  check  to  the  enemy's  incursions  towards  Schenec- 
tady  and  other  parts  of  the  country.2 

1  August   29th  an  act  was  passed,  chap.   957,   for  the  assistance  of  Vir- 
ginia  and  Pennsylvania   in   dispossessing  the   French   and   Indians   who  had 
settled  and  erected  forts  on  his  Majesty's  lands  on  the  river  Ohio  and  parts 
adjacent  thereto. 

2  An  act  passed  February  19,  1755,  chap.  970,  appropriated  forty-five  thou- 
sand pounds  for  fortifications  and  other  purposes  connected  with  the  war, 


548  MESSAGES  FROM  THE  GOVERNOR. 

In  case  of  a  war,  we  may  expect  great  assistance  from 
the  Six  Nations  of  Indians.  I  left  them  in  a  very  good 
disposition  at  the  late  treaty,  but  unless  we  put  ourselves 
in  a  proper  posture  of  defence,  they  will  be  unwilling  to 
expose  themselves  to  the  resentment  of  the  enemy.  If  we 
will  protect  them,  they  will  be  ready  to  fight  for  us.  The 
building  a  fort  and  making  a  settlement  in  the  Seneca's 
country,  is  a  matter  of  great  consequence,  for  besides  the 
advantages  we  might  draw  from  it,  the  French  will  be  pre- 
vented from  taking  this  step  which  they  would  have  done 
long  ago,  could  they  have  prevailed  on  the  Indians  to  con- 
sent to  it.  With  this  view  a  tract  of  land  of  a  good  soil 
and  fit  for  settlements  was  purchased  by  Lieutenant-Gov- 
ernor Clarke  from  the  Senecas,  the  most  numerous  of  the 
Six  Nations,  and  though  a  fort  was  not  then  built,  and  even 
now  as  it  is  a  general  concern,  ought  to  be  done  at  a  gen- 
eral expense,  yet,  as  the  situation  of  affairs  is  become  more 
dangerous  than  at  that  time,  it  is  necessary  to  erect  a  fort 
there  even  at  our  own  charge,  to  secure  a  footing  at  that 
place,  to  attach  that  Nation  to  the  British  interest,  to 
hinder  their  falling  into  the  hands  of  the  French,  and  to 
unite  them  more  firmly  with  the  other  Indian  nations  in  a 
dependence  on  this  government. 

It  has  been  usual  to  send  a  smith  and  some  other  persons 
to  reside  in  the  Seneca's  country,  to  secure  that  nation  in 
their  fidelity  to  us,  and  the  Onondagas  have  desired  me  to 
order  a  smith  to  be  sent  and  remain  among  them  for  a  year. 
Services  of  this  nature  have  ever  been  attended  with  a  good 
effect. 

In  my  late  conferences  with  the  Six  Nations  at  Albany, 

including  six  hundred  pounds  for  a  fort  on  the  Hudson  River  to  be  located  by 
the  Lieutenant-Governor.  Acts  passed  May  3,  1755,  chap.  978,  and  July  5, 
1755,  chap.  984,  made  provision  for  fortifications  at  or  near  Crown  Point  and 
for  other  military  purposes.  An  act  was  also  passed  May  3,  1755,  chap.  974, 
to  enable  the  inhabitants  of  Schenectady  to  fortify  that  town.  A  similar  act 
for  Albany  was  passed  July  5,  1755,  chap.  981. 


JAMES  DELANCEY,  1754.  549 

they  complained  of  the  pernicious  effects  arising  from  the 
use  of  rum  among  them,  and  desired  it  might  not  be  sold 
in  their  castles  or  countries.  The  Mohawks  also  requested 
that  the  people  who  are  settled  there  might  not  be  suffered 
to  sell  this  liquor  to  them,  and  as  the  law  which  restrains 
the  sale  of  rum  to  the  Indians  has  proved  ineffectual,  I  must 
recommend  to  you  to  make  such  further  provision  as  will 
fully  answer  that  end.3 

It  may  be  proper  to  revise  the  Militia  act,  to  make  it 
more  effectual  for  the  purposes  intended,  and  to  insert  a 
clause  to  form  those  who  are  exempted  by  law,  yet  able  to 
bear  arms,  into  companies  to  appear  once  a  year  and  as 
often  as  the  public  service  shall  require  it  for  the  defence 
of  the  Province,  and  to  provide  a  quantity  of  arms  and 
accoutrements  to  be  lodged  in  the  cities  of  New  York  and 
Albany  to  be  ready  upon  any  emergency.4 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  The  present 
exigency  calls  aloud  upon  you  for  supplies  to  assist  our- 
fellow  subjects  of  Virginia.  The  case  is  much  altered  since 
I  first  laid  before  you  the  encroachments  of  the  French. 
They  had  then  built  forts  only  on  the  Lake  Erie  and  at  the 
head  of  Beeve  River;  they  have  now  descended  this  river 
to  the  Ohio,  and  thence  to  the  Monongahela,  and  have  de- 
feated his  Majesty's  troops  on  this  side  of  the  Ohio,  so  that 
by  these  steps  it  is  evident  the  case  has  now  happened  in 
which  you  engaged  by  your  resolution  of  the  13th  of  No- 
vember last  to  make  provision  for  assisting  any  of  the 


3  An  act  was  passed  July  5,  1755,  chap  979,  to  prohibit  the  sale  of  rum 
or  any  other  strong  liquors  to  any  Indian  or  Indians  within  the  city  or  county 
of  Albany,  excepting  at  the  trading  house,  and  to  prevent  the  buying,  ex- 
changing or  taking  in  pawn  of  or  from  any  of  the  said  Indians  any  arms, 
ammunition  or  clothing. 

4  A  militia  law  was  passed  February   19,   1755,  chap.  972,  which  among 
other  things,  provided  that  persons  theretofore  exempted  from  military  duty, 
specifically  including  justices  of  the  peace,  coroners  and  all  other  officers  of 
courts,  and  school  masters,  should  form  a  reserve  force,  subject  to  be  called 
into  actual  service  by  the  Commander-in-Chief. 


550  MESSAGES  FKOM  THE  GOVEBNOB. 

neighboring  colonies  to  repel  force  by  force;  and  I  am 
persuaded  you  will  acquit  yourselves  as  becomes  you  by 
cheerfully  giving  an  ample  supply  for  this  service,  and  that 
you  will  at  the  same  time  make  a  suitable  provision  for  the 
other  services  which  the  defence  and  safety  of  the  Province 
demand  of  you.a 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  things  I  have  recommended  to  you  highly  concern  his 
Majesty's  honor,  and  the  interest  and  safety  of  the  Prov- 
ince. We  may  learn  from  the  relations  published  by  the 
French  that  they  have  long  had  a  design  upon  this  Prov- 
ince, plans  have  been  laid  for  its  conquest,  schemes  have 
been  formed  to  attack  Albany  and  this  city  at  the  same 
time;  the  former  by  a  land  force  from  Canada,  and  New 
York  by  a  naval  armament.  They  would  gladly  be  masters 
of  a  country  that  must  soon  put  it  in  their  power  to  reduce 
the  Six  Nations,  and  their  numerous  allies  to  an  entire  de- 
pendence on  them.  By  preventing  this,  you  will  go  a  great 
length  in  defeating  their  views  to  subject  the  whole  con- 
tinent to  the  French  yoke.  Let  me  therefore,  earnestly 
exhort  you  to  provide  in  time  for  your  security,  that  by 
effectually  fortifying  the  Province  the  future  schemes  or 
attempts  of  your  enemies  may  be  frustrated  and  rendered 
abortive.1* 

When  I  was  at  Albany,  I  proposed  to  the  commissioners 
of  the  several  governments  met  there,  the  building  forts 
in  proper  places  to  cover  the  northern  frontiers  of  this  and 
some  of  the  neighboring  Provinces,  and  forts  in  the  Indian 
countries,  but  without  any  effect.  They  seemed  so  fully 
persuaded  of  the  backwardness  of  the  several  Assemblies 
to  come  into  joint  and  vigorous  measures  that  they  were 
unwilling  to  enter  upon  the  consideration  of  these  matters, 
and  formed  a  plan  for  a  general  union  of  all  the  colonies, 
to  be  enforced  by  act  of  Parliament,  which,  together  with  a 


«  See  note  1. 
b  See  note  2. 


JAMES  DELANCEY,  1754.  551 

representation  they  prepared  of  the  state  of  the  colonies, 
I  shall  order  to  be  laid  before  you.5 

GENTLEMEN. —  I  need  not  recomme'nd  unanimity  to  you; 
the  matters  laid  before  you  are  of  such  importance  that 
they  will  naturally  lead  you  to  unite  your  utmost  endeavors 
to  bring  them  to  a  happy  conclusion.  It  will  give  me  the 
highest  satisfaction  if  while  I  have  the  honor  of  the  admin- 
istration, something  effectual  be  done  to  assist  our  neigh- 
bors, and  to  strengthen  and  secure  ourselves.  You  will 
ever  find  me  ready  to  give  my  assent  to  any  bills  for  his 
Majesty's  service  and  the  good  of  this  country. 

JAMES  DE  LANCET. 

City  of  New  York,  20th  of  August,  1754. 

SPECIAL  MESSAGES. 

August  21.  Transmitting  the  plan  for  a  union  of  the 
colonies  lately  agreed  upon,  and  a  representation  concern- 
ing the  state  of  the  colonies  referred  to  in  the  Lieutenant- 
Governor's  opening  speech,  together  with  papers  relating 
to  Indian  affairs.  (See  note  5.) 

August  22.  The  Assembly  in  an  address  to  the  Lieu- 
tenant-Governor  approved  the  policy  of  union  among  the 
colonies,  observing  that  it  was  a  "  reciprocal  duty  to  be 
aiding  and  assisting  to  each  other  in  case  of  any  invasion." 
Comparing  the  situation  in  New  York  with  the  situation  in 
colonies  in  the  west  and  south,  the  Assembly  reminded  the 
Lieutenant-Governor  that  New  York  had  expended  nearly 
one  hundred  thousand  pounds  in  the  late  projected  expedi- 
tion against  Canada,  saying  further  that  "  our  frontiers 
were  depopulated  and  laid  waste,  while  our  neighbors  to 
the  southward  were  at  peace  and  strangers  to  any  consider- 
able expense,"  and  while  the  Assembly  believed  that  those 
colonies  should  exert  themselves  to  the  utmost  for  their 


6  For  a  note  on  the  Albany  plan  of  union,  see  post,  p.  577. 


552  MESSAGES  FKOM  THE  GOVERNOR. 

protection,  the  Lieutenant-Governor  was  assured  that  the 
Assembly  would  make  such  provision  for  the  assistance  of 
Virginia  and  Pennsylvania  as  the  circumstances  of  the 
colony  would  admit  of.  (See  note  1.) 

Considering  other  differences  in  the  relative  situation  of 
the  colonies,  the  Assembly  pointed  out  that  "  the  other 
colonies  make  themselves  strong  and  defensible  by  settling 
in  townships,  or  some  other  close  order,  while  our  frontier 
lands  are  granted  away  in  patents,  almost  without  bounds 
or  number,  regardless  of  settlements,  or  the  public  welfare. 
We  can  erect  forts  and  blockhouses,  but  to  what  end? 
Woods  and  uncultivated  tracts  are  not  the  objects  of  secur- 
ity; industry  is  to  be  protected,  and  men's  persons  to  be 
defended,  otherwise  little  good  will  accrue  to  the  public,  be 
the  expense  what  it  will." 

The  Assembly  approved  the  Lieutenant-Governor's  nego- 
tiations with  the  Indians  at  the  recent  interview  at  Albany. 
The  address  closed  with  a  request  that  the  Assembly  be 
permitted  to  adjourn  to  a  time  when  it  would  be  more  con- 
venient for  the  members  to  attend  its  sessions. 

Eeplying  to  this  address  the  Lieutenant-Governor  ex- 
pressed his  approbation  of  the  generous  assistance  to 
Pennsylvania  and  Virginia  promised  by  the  Assembly. 
(See  note  1.)  He  agreed  with  the  Assembly  that  "  settling 
in  townships  tends  to  make  a  country  strong  and  defensi- 
ble, ' '  and  said  he  would  endeavor  to  have  lands  granted  by 
him  speedily  and  closely  settled. 

August  22.     Thanking  the  Council  for  its  address. 

August  24.  Transmitting  a  report  of  commissioners  to 
settle  the  boundary  line  between  New  York  and  Massa- 
chusetts. 

August  24.  Replying  to  the  Assembly's  request  for  in- 
formation as  to  the  gun-powder  recently  seized  by  the 
collector  of  customs,  the  Lieutenant-Governor  said  the 
matter  was  still  pending  before  the  court  of  admiralty. 


JAMES  DELANCEY,  1754.  553 

August  28.  Transmitting  a  letter  from  Governor  Din- 
widdie  relating  to  affairs  of  Ohio,  as  also  some  other  papers 
relating  to  Indian  affairs. 

October  18.  The  Lieutenant-Governor  sent  a  message 
to  both  Houses  in  which  he  said: 

"A  few  days  after  your  recess,  I  received  advice  that  a 
body  of  French  Indians  had  made  an  incursion  into  this 
Province  and  destroyed  the  settlements  at  Hoseck,  and 
Sinkhaick  [Assembly  Journal  "  Sinkbaick  "].  I  immedi- 
ately sent  orders  to  replace  the  stockades  where  wanting 
round  the  city  of  Albany,  and  to  repair  the  blockhouses; 
and  for  the  better  security  of  that  important  post,  I  ordered 
the  company  of  his  Majesty's  forces  from  this  place  to 
Albany,  detaining  here  only  a  serjeant,  and  the  invalids  to 
do  duty  in  Fort  George.  I  also,  by  the  advice  of  his 
Majesty's  Council,  directed  a  fort  to  be  built  on  Hudson's 
River  above  Albany ;  but  as  no  workmen  could  be  prevailed 
on  to  undertake  it  upon  the  credit  of  the  Province,  this 
necessary  service  is  left  undone."  (See  note  2.) 

The  Lieutenant-Governor  in  the  same  message  urged  the 
payment  of  the  claim  of  Col.  William  Johnson,  and  of  other 
public  creditors.  Papers  relating  to  Indian  affairs  were 
also  transmitted  to  the  Assembly. 

October  25.  The  Lieutenant-Governor  sent  the  following 
message  to  both  Houses: 

"At  my  late  interview  with  the  Indians  in  Albany,  the 
Mohawks  of  the  lower  castle  made  their  complaints  to  me, 
principally  on  two  points.  That  they  had  never  sold  a 
large  tract  of  land  lying  between  Hudson's  and  the  Mohawk 
River  called  Kayoderosseras,  and  that  they  intended  the 
lands  which  the  Reverend  Barclay,  then  their  missionary, 
purchased  of  them,  should  not  pass  in  fee,  but  remain  as  a 
glebe  forever  for  the  use  of  a  minister;  and  therefore  de- 
sired, I  would  pay  Mr.  Barclay  for  the  House,  and  set  apart 
the  land  for  that  purpose,  as  you  will  see  by  the  minutes 


554  MESSAGES  FROM  THE  GOVERNOR. 

of  Council,  copies  of  which  will  be  laid  before  you  herewith ; 
I  have  mentioned  this  to  Mr.  Barclay,  and  he  has  gener- 
ously offered  to  take  up  with  the  money  he  has  disbursed 
on  that  place. 

The  Cannajoharie  or  upper  Mohawks,  also  desired  I 
would  have  a  church  built  at  that  castle,  a  request  of  such 
a  nature,  that  I  persuade  myself  you  will  in  Christian  com- 
passion to  those  people,  enable  me  to  comply  with,  and  to 
build  it  of  stone,  that  it  may  on  any  emergency  serve  as  a 
fort,  for  the  security  of  their  wives  and  children. 

The  Mohawks,  as  they  live  amongst  us,  are  always  at 
hand  to  assist  us,  and  in  the  late  war  showed  themselves 
ready  to  join  us  on  every  occasion,  and  on  their  fidelity 
depends  in  a  great  measure  that  of  the  other  nations.  It 
is  therefore  our  interest  to  give  them  all  reasonable  encour- 
agement, so  that  I  must  recommend  it  to  you,  to  make  pro- 
vision for  these  purposes. 

JAMES  DELANCEY." 

Other  papers  relating  to  Indian  affairs  were  also  trans- 
mitted to  the  Assembly. 

October  29.  Recommending  (at  the  request  of  the  Re- 
ceiver-General) that  a  more  effective  method  be  provided 
for  the  collection  of  quit  rents.6 

November  8.  The  Assembly  having  presented  to  the 
Lieutenant-Governor  an  address  relative  to  the  New  Jersey 
boundary  line,  and  requesting  him  to  use  his  endeavors  to 
protect  the  inhabitants  of  this  Province  from  encroach- 
ments by  the  people  of  New  Jersey,  and  to  assert  the  juris- 
diction of  New  York  until  the  King's  pleasure  could  be 
known,  the  Lieutenant-Governor  replied  by  saying  that  he 
would  consider  the  address,  and  present  the  matter  to  the 
Council.  The  agitation  concerning  this  boundary  resulted 
in  a  law  which  was  passed  December  7,  1754,  chapter  969, 

« This  recommendation  was  embodied  in  an  act  passed  July  5,  1755,  chap. 
982,  for  the  more  easy  collection  of  quit  rents. 


JAMES  DELANCEY,  1754.  555 

submitting  the  controversy  to  the  King  for  final  determina- 
tion, and  his  decision  was  to  be  binding  on  all  the  inhabit- 
ants of  the  colony. 

November  14.  Transmitting  a  memorial  from  Captain 
John  Morke  containing  a  plan  for  the  construction  of  a 
floating  battery,  also  suggestions  relative  to  the  manufac- 
ture of  naval  stores  and  the  preservation  of  timber. 

November  20.  In  a  message  accompanying  an  extract 
of  a  letter  from  Secretary  Robinson,  and  a  copy  of  a  letter 
written  by  the  Secretary  to  Governor  Shirley  of  Massachu- 
setts, the  Lieutenant-Governor  said : 

' '  I  flatter  myself  I  shall  have  your  aid  to  follow  the 
laudable  example  of  our  neighbors  of  Massachusetts  Bay, 
and  to  enable  me  to  build  a  fort  in  such  a  place  on  Hudson's 
River,  as  shall  be  thought  most  proper  for  his  Majesty's 
service  and  the  defence  of  our  northern  frontier;  and  that 
you  will  make  a  suitable  provision  for  carrying  into  execu- 
tion, an  undertaking  so  visibly  calculated  for  the  advantage 
and  safety  of  the  colony.  (See  note  2.) 

You  have  already  shown  your  zeal  for  the  general  inter- 
est of  these  Provinces,  by  granting  five  thousand  pounds 
towards  the  assistance  of  Virginia;  I  am  therefore  fully 
persuaded  you  will  not  be  backward  in  granting  supplies 
for  the  security  of  this,  wherein  you  are  yourselves  so 
deeply  interested. 

The  officers  of  the  troops  in  garrison  at  Albany,  have 
represented  to  me  that  the  men  are  entirely  destitute  of 
bedding;  without  which,  it  is  impossible,  from  the  coldness 
of  the  rooms,  they  can  subsist  this  winter,  having  nothing 
but  the  boards  to  lay  on.  The  defence  of  that  city  depends 
in  a  great  measure  upon  the  soldiery  there,  who  must  in- 
fallibly desert,  unless  you  by  a  seasonable  supply  relieve 
them;  which  his  Majesty's  service  obliges  me  to  recommend 
to  you  to  provide  for  without  delay." 


556  MESSAGES  FROM  THE  GOVEKNOB. 

November  21.  The  subject  of  annual  appropriations  re- 
ceived the  special  consideration  of  the  Lieutenant-Governor 
in  the  following  message  to  the  Assembly : 

"  I  have  lately  received  a  letter  from  the  Bight  Honor- 
able the  Lords  Commissioners  for  Trade  and  Plantations, 
in  which,  after  observing  the  unreasonableness  of  the  As- 
sembly 's  meddling  in  the  executive  part  of  government,  and 
the  propriety  of  allowing  all  public  money  to  be  drawn  out 
of  the  Treasury  by  warrant  of  the  Governor  and  Council 
only,  agreeable  to  his  Majesty's  instruction,  their  Lord- 
ships take  notice,  that  as  it  is  a  point  insisted  on  by  you, 
that  the  revenue,  even  for  services  of  a  permanent  nature, 
should  be  granted  only  from  year  to  year,  they  are  afraid 
that  this  reserve  of  granting  the  revenue  only  annually  may 
from  time  to  time  revive  the  pretensions  of  the  Assembly 
to  a  share  in  the  executive  part  of  the  Government,  since 
such  annual  grants  may  be  annually  employed  to  the  pur- 
poses of  wresting  from  the  Crown  the  nomination  of  all 
officers,  whose  salaries  depend  upon  the  annual  appoint- 
ment of  the  Assembly;  and  of  disappointing  all  such  ser- 
vices of  government  as  may  be  necessary,  even  to  the  very 
existence  of  the  colony.  Their  Lordships  are  at  a  loss  to 
conceive  what  other  purposes  this  point,  so  strenuously 
insisted  on,  of , granting  the  revenue  only  from  year  to  year, 
can  serve;  for,  if  it  is  imagined  that  this  method  of  estab- 
lishing a  revenue  by  annual  grants,  is  the  only  one  by 
which  the  Province  can  be  secured  against  misapplications 
on  the  part  of  the  Governor,  or  other  officers  of  the  Crown, 
it  will  be  found  to  be  a  mistake ;  and  that  it  is  strict  appro- 
priation which  produces  such  security,  and  not  the  mere 
mode  of  granting  the  revenue  annually,  which  of  itself  is 
of  no  effect  at  all;  and  if  directed  to  the  above  purposes, 
is  what  you  will  avow  yourselves ;  such  appropriation,  ac- 
companied with  proper  checks,  and  proper  penalties,  will 
be  found  more  effectual  to  prevent  misapplication,  and  to 


JAMES  DELANCEY,  1754.  557 

punish  it  if  attempted,  than  even  the  method  of  annual 
grants,  (which  is  the  case  of  services  of  a  permanent 
nature,  and  necessary  to  the  very  being  of  the  colony,  is  an 
absurdity)  on  the  appointment  of  commissioners  on  the  part 
of  the  Assembly,  for  the  receipt  and  application  of  the  pub- 
lic money ;  whereby  the  executive  power  of  the  Crown  is  in- 
vaded. If  the  Assembly  therefore  truly  and  sincerely  mean 
only  to  secure  the  revenue  which  they  grant  against  mis- 
application, which  is  an  object  not  only  laudable  in  itself, 
but  which  in  duty  to  their  constituents  they  are  bound  to 
endeavor  to  obtain  by  every  method  which  their  constitu- 
tion admits,  and  which  is  not  absurd,  let  them  apply  them- 
selves to  appropriate  their  grants,  both  of  a  permanent 
and  occasional  revenue  in  the  strictest  manner  to  the  pur- 
poses for  which  they  intend  it.  Let  them  contrive  and  pro- 
pose such  checks  as  they  judge  most  proper  to  prevent  mis- 
application, and  such  penalties  as  they  think  necessary  for 
punishing  it,  if  attempted.  There  is  nothing  in  such  meas- 
ures, either  contradictory  of  the  King's  instructions,  or 
invasive  of  his  prerogative,  and  it  seems  to  be  equally  the 
interest  of  the  Crown,  as  of  the  Province,  that  all  public 
money  should  be  truly  applied  to  its  service.  But  if  they 
persist  by  the  means  of  annual  grants,  either  to  attempt 
wresting  from  the  Crown  the  nomination  of  officers,  and 
any  other  executive  parts  of  the  government,  or  disap- 
pointing the  most  essential  services  of  the  Province,  unless 
such  pretensions  are  complied  with,  though  they  may  have 
succeeded  in  such  attempts,  either  by  the  weakness  and  cor- 
ruption of  Governors,  or  by  taking  advantage  of  the  neces- 
sity of  the  times;  yet  these  attempts  are  so  unconstitu- 
tional, so  inconsistent  with  the  interest  of  the  mother  coun- 
try, as  well  as  of  the  Crown,  and  so  little  tending  to  the  real 
benefit  of  the  colony  itself,  that  it  will  be  found  they  flatter 
themselves  in  vain,  if  they  imagine  they  can  ever  give  them 
a  stability  and  permanency. 


558  MESSAGES  FEOM  THE  GOVERNOR. 

Therefore  their  Lordships  are  of  opinion  that  the  Coun- 
cil did  right  in  refusing  their  assent  to  the  bill  sent  up  from 
your  House,  to  apply  several  sums  of  money  for  the  use 
and  security  of  this  colony;  and  I  hope  you  will  take  these 
weighty  reasons  into  your  most  serious  consideration,  and 
provide  a  permanent  revenue  for  the  support  of  govern- 
ment, in  such  manner  as  may  put  an  end  to  any  disputes 
on  that  head." 

Paper  currency  had  long  been  in  use  in  the  colony,  rep- 
resented chiefly  by  bills  of  credit,  but  the  volume  of  this 
currency  had  evidently  become  the  subject  of  serious  con- 
sideration by  the  home  government,  and  concerning  it  the 
Lieutenant-Governor  in  this  message  said : 

"  There  is  another  point  in  their  Lordships  letter,  on 
which  it  is  proper  you  should  know  their  sentiments.  Their 
Lordships  are  inclined  to  believe,  from  the  nature  of  paper 
currency  in  general,  that  a  moderate  quantity,  issued  upon 
proper  security,  and  having  a  proper  fund  for  its  redemp- 
tion, within  a  reasonable  time,  may  operate  to  the  advan- 
tage of  a  colony,  and  may  also  be  the  least  burthensome 
method  of  levying  money  for  the  supply  and  support  of 
government ;  but  are  of  opinion,  that  the  making  such  paper 
money  a  legal  tender  in  all  payments,  is  unnecessary,  im- 
proper and  inconsistent  with  the  sense  of  Parliament,  and 
therefore  if  there  should  be  such  difficulties  in  raising  money 
in  the  present  emergency  in  the  usual  way,  as  might  be  an  in- 
ducement to  fall  into  this  method,  their  Lordships  think 
that  the  bills  ought  by  no  means  to  be  declared  legal  tender ; 
and  that  the  interest  arising  from  the  loan  of  the  bills, 
should,  during  their  continuance,  be  appropriated  and  ap- 
plied to  the  services  of  government,  in  the  manner  pre- 
scribed by  his  Majesty's  instructions:  provided,  that  I  do 
not  give  my  assent  to  any  act  of  this  sort,  without  a  clause 
being  inserted  therein,  suspending  its  execution  until  his 
Majesty's  pleasure  be  known. 


JAMES  DELANCEY,  1754.  559 

In  the  present  situation  of  affairs,  such  large  sums  of 
money  are  necessary  for  putting  this  Province  in  a  respec- 
table posture,  and  for  securing  the  Indians  in  their  fidelity 
to  us ;  that  I  am  content,  since  the  sums  required  for  these 
services  cannot  be  timely  raised  in  the  usual  way,  to  give 
my  assent  to  an  act  for  emitting  bills  of  credit  for  those 
purposes,  if  the  same  be  framed  conformable  to  the  above 
directions  to  me." 

November  27.  To  the  foregoing  message  the  Assembly 
replied  in  an  address  disclaiming  any  intention  to  encroach 
upon  the  royal  prerogative,  but  declining  to  recede  from 
the  policy  of  annual  appropriations.  Conceding  the  neces- 
sity of  repairing  fortifications  and  constructing  new  ones, 
the  address  declares  that  in  view  of  the  heavy  expenditures 
incident  to  the  late  French  war,  from  the  effects  of  which 
the  colony  had  not  yet  recovered,  it  would  be  impracticable 
to  attempt  to  provide  funds  for  fortifications,  except  by  a 
paper  emission,  * '  but  to  emit  bills  of  credit  without  making 
them  a  lawful  tender,  we  are  confident,  will  be  absolutely 
useless  and  without  effect,  for  we  are  fully  persuaded,  that 
no  man  in  the  Province  will  be  willing  to  accept  of  that 
for  money,  which  he  knows  that  another  may  refuse  to  re- 
ceive as  money  from  him,  and  if  a  law,  even  under  this  re- 
striction, must  have  its  execution  suspended  till  his  Maj- 
esty's pleasure  can  be  known,  this  his  Majesty's  loyal 
colony  may  fall  a  prey  to  some  ambitious  avaricious  enemy, 
before  any  return  can  be  made." 

After  expressing  the  opinion  that  the  Assembly  could 
not  consistently  with  its'  duty  to  its  constituents  pass  a 
money  bill  whose  operation  must  be  suspended  until  it 
could  receive  the  royal  approval,  the  address  concludes 
with  the  assurance  of  support  in  any  plan  the  Lieutenant- 
Governor  might  deem  proper  for  the  purpose  of  erecting 
another  fort  on  the  Hudson  Eiver  north  of  Albany. 

On  the  public  presentation  of  this  address  by  the  Assem- 


560  MESSAGES  FEOM  THE  GOVERNOR. 

bly,  the  Lieutenant-Governor  delivered  an  answer,  in  which 
he  said: 

"  The  ruinous  condition  of  the  fortifications,  the  neces- 
sity of  repairing  them,  and  of  erecting  others  for  the  secur- 
ity and  preservation  of  this  Country,  is  but  too  evident; 
and  this  is  the  strongest  motive  that  can  possibly  be  urged 
for  falling  upon  some  measures  effectually  to  provide  for 
those  services.  And  as  I  am  equally  sensible  with  you, 
from  the  present  circumstances  of  the  Province,  that  they 
are  not  to  be  done  without  a  paper  emission,  I  was  willing 
to  give  into  this  method  under  the  restrictions  contained  in 
my  instructions:  that  of  the  suspending  clause  is  not  new, 
and  has  been  formerly  observed  here;  and  that  the  bills 
should  not  be  declared  to  be  a  legal  tender  in  all  payments, 
was  thought  necessary  from  the  great  abuses  which  some 
of  the  colonies  had  run  into  by  large  paper  emissions,  upon 
slender  funds,  and  long  periods;  abuses  of  such  a  nature, 
as  occasioned  the  interposition  of  the  British  Parliament, 
to  whom  the  merchants  of  London  applied  for  relief,  as 
they  had  suffered  greatly  by  the  depreciation  of  the  bills, 
and  some  times  had  little  more  than  half  the  real  value 
of  the  effects  sold  but  a  few  years  before  remitted  to  them. 
The  paper  money  in  this  Province  hath  fallen  very  little  in 
its  value,  and  held  its  reputation,  so  that  twenty  shillings 
passes  now  equal  to  eight  or  nine  pounds,  of  the  bills  of 
some  other  Provinces,  owing  in  a  good  measure  to  the  solid 
funds  upon  which  the  bills  of  this  colony  were  emitted;  I 
must  therefore  recommend  to  your  consideration,  whether 
it  would  not  be  for  the  safety  of  the  Province  to  pass  a 
bill,  with  a  suspending  clause,  for  emitting  forty  thousand 
pounds,  to  be  sunk  by  a  tax  of  five  thousand  pounds  a  year, 
on  estates  real  and  personal,  to  commence  in  the  year  1757, 
when  the  present  taxes  will  cease.  The  bills  to  be  declared 
not  a  legal  tender  for  the  debts  contracted  in  Great  Britain. 
As  this  fund  would  sink  the  bills  in  eight  years,  which  is  no 


JAMES  DELANCEY,  1755.  561 

long  period,  I  am  persuaded  they  would  keep  up  their 
credit,  and  be  readily  received  in  all  payments;  and  I  de- 
sire you  to  bestow  your  attention  agajn  on  this  matter." 

The  next  day  the  Assembly  adopted  resolutions  adhering 
to  its  policy  as  expressed  in  the  foregoing  address,  and  de- 
clining to  pass  a  bill  in  the  form  recommended  by  the  Lieu- 
tenant-Governor. 

December  7.  The  Assembly  adjourned  to  the  second 
Tuesday  in  March,  1755,  but  on  the  10th  of  January,  the 
Lieutenant-Governor  issued  a  proclamation  convening  the 
Assembly  on  the  4th  of  February. 

1755.  February  4.  The  Legislature  met  and  received 
from  the  Lieutenant-Governor  the  following 

MESSAGE. 

GENTLEMEN. — I  thought  it  necessary  to  call  you  together 
before  the  time  to  which  you  were  adjourned.  Two  causes 
have  principally  induced  me  to  take  this  step.  Since  your 
recess  I  have  received  a  letter  from  the  Right  Honorable 
Sir  Thomas  Eobinson,  one  of  his  Majesty's  principal  Sec- 
retaries of  State,  a  copy  of  which  is  herewith  sent  you, 
acquainting  me  with  the  measures  which  the  King  has 
thought  proper  to  take  for  the  defence  of  his  just  rights 
and  dominions  in  North  America,  and  for  the  security  and 
welfare  of  his  subjects  in  these  parts.  These  are  such 
proofs  of  his  Majesty's  regard  to  us  as  ought  to  excite  us 
to  take  the  most  vigorous  steps  to  repel  our  common  dan- 
ger, and  rouse  up  that  emulation  and  spirit  which  every 
man  owes  at  this  time  to  his  Majesty,  the  public  and  him- 
self. I  do  therefore  most  earnestly  recommend  it  to  you 
that  in  duty  to  his  Majesty  and  in  gratitude  for  so  signal 
instances  of  his  paternal  care  of  you,  you  will  make  suffi- 
cient provision  to  enable  me  fully  to  come  up  to  what  his 
Majesty  so  justly  expects  at  your  hands. 

While  the  King's  troops  are  employed  in  the  defence  of 
36 


562  MESSAGES  FROM  THE  GOVERNOR. 

his  just  rights,  we  have  all  the  reason  under  God  to  expect 
a  happy  issue;  and  from  the  maxims  and  practices  of  our 
foreign  neighbors,  have  we  not  cause  to  apprehend  that 
they  will  make  some  vigorous  push  to  revenge  themselves 
on  one  or  other  of  the  British  colonies,  and  if  we  continue 
in  our  present  defenceless  state,  what  more  probable  than 
that  they  will  bend  their  force  this  way?  This  is  an  alarm- 
ing consideration,  and  I  hope  will  have  the  proper  weight 
with  you  not  to  discourage,  but  rather  to  animate  you  to  fall 
upon  such  ways  and  methods  (they  are  in  your  own  power) 
as  will  encourage  men  with  alacrity  to  fight  for  the  honor 
of  their  King,  and  for  the  most  valuable  blessings,  their 
religion,  their  liberties,  and  their  property.  These  are  mo- 
tives which  would  inspire  any  man  of  courage.  But  what 
can  the  bravest  men  do  without  proper  works  to  cover  them 
and  annoy  the  enemy  1  Let  me  therefore  exhort  you  to  put 
the  Province  in  such  a  posture  of  defence,  and  that  without 
delay,  that  whenever  an  enemy  shall  think  proper  to  visit 
us,  we  may  by  the  blessing  of  God  give  them  such  a  recep- 
tion as  may  discountenance  all  future  attempts  to  conquer 
and  enslave  us.  Besides,  there  is  this  very  considerable 
advantage  in  being  well  fortified,  that  an  enemy  will  not 
think  of  attacking  a  place  where  they  must  expect  a  very 
rough  treatment,  with  little  hopes  of  success. 

In  the  first  place  then,  the  fortifications  of  this  city  ought 
to  be  repaired  or  altered,  and  other  works  made,  where 
the  Commander-in-Chief,  with  the  advice  of  the  Council, 
and  the  assistance  of  the  best  engineers  that  can  be  had, 
shall  think  most  conducive  to  the  common  safety ;  with  this 
view,  and  in  full  dependence  that  you  will  not  neglect  your 
own  security,  I  have  already  applied  to  General  Braddock 
to  send  an  able  engineer  to  this  place,  if  one  can  be  spared. 
Nothing  can  be  more  evident  to  a  considering  man,  than 
that  the  value  every  estate  in  the  Province  depends  on  the 


JAMES  DELANCEY,  1755.  563 

trade,  and  of  course  on  the  safety  of  this  city,  so  that  there 
is  the  highest  reason  it  should  be  effectually  secured. 

In  the  next  place,  our  northern  frontier  demands  your 
most  serious  attention.  The  city  of  Albany  is  in  such  a 
condition  as  draws  a  reproach  upon  us  from  our  own  In- 
dians, at  the  same  time  that  it  greatly  discourages  them. 
They  publicly  declared  at  the  last  interview  that  it  was  a 
shame  to  see  us  so  open  and  defenseless,  and  said  that  the 
French  who  are  just  at  our  doors  could  come  in  at  night 
and  turn  us  all  out. 

Albany  should  therefore  be  strengthened,  for  if  that  be 
taken,  I  do  not  see  what  could  stop  an  enemy  from  passing 
on  the  west  side  of  Hudson's  River,  through  Ulster  and 
Orange,  even  into  Jersey  or  Pennsylvania,  and  being  mast- 
ers of  Albany,  they  would  cut  off  all  communication  between 
us  and  the  Indians,  and  the  settlements  on  the  Mohawk's 
River. 

It  is  necessary  to  have  a  strong  fort  built  in  some  ad- 
vanced place  on  Hudson's  River,  well  garrisoned,  and 
—"hence  a  number  of  scouts  may  be  employed  to  gain  in- 
telligence and  give  notice  of  the  approach  of  an  enemy  that 
the  inhabitants  may  be  on  their  guard  and  ready  to  receive 
them  and  be  able  to  intercept  any  small  parties  that  come  to 
disturb  or  destroy  the  out-settlements.  Such  a  fort  would 
be  of  service  to  the  whole  country. 

The  militia  act  should  be  made  more  effectual  to  compel 
men  to  do  their  duty  in  case  of  an  invasion. 

I  have  already  laid  before  you  several  of  these  matters 
and  others  relative  to  the  Indians ;  which  you  will  take  into 
consideration.  I  send  you  a  copy  of  a  letter  from  the  Com- 
missioners for  Indian  Affairs  and  an  extract  of  another  I 
received  from  the  Corporation  of  Albany.  It  will  be 
proper  to  make  provision  for  contingent  services  suitable 
to  the  exigency  of  the  times,  and  as  an  interview  with  the 
Indians  may  be  necessary  this  year,  you  will  think  of  mak- 
ing provision  for  that  purpose. 


564  MESSAGES  FROM  THE  GOVERNOR. 

GENTLEMEN. — The  services  I  have  now  recommended  to 
you  demand  a  large  supply  of  money ;  but  as  security  can- 
not be  purchased  at  too  high  a  rate,  I  flatter  myself  you 
will  not  risk  losing  your  all  by  an  ill-timed  parsimony.  I 
can  have  no  interest  therein  but  what  is  yours.  Let  me  en- 
treat you  then  to  apply  yourselves  most  seriously  to  con- 
sider of  such  funds  as  will  be  sufficient  to  defray  all  the 
expenses  necessary  for  your  own  preservation  and  the  con- 
tinuance of  the  blessings  we  now  enjoy. 

JAMES  DE  LANCEY. 

City  of  New  York,  4th  February,  1755. 

February  11.  The  Lieutenant-Governor  sent  the  follow- 
ing message  to  both  Houses : 

' '  There  is  at  this  time  a  very  pernicious  trade  carried  on 
from  this  Province,  which  deserves  your  consideration. 
The  French  at  Louisbourgh,  are  furnished  with  provisions 
from  this  and  some  of  the  northern  colonies,  whence  they 
supply  Canada  and  their  forces  on  the  Ohio,  and  are 
thereby  in  a  condition  to  support  themselves  in  their  en- 
croachments on  his  Majesty's  territories. 

I  therefore  think  it  will  be  for  his  Majesty's  service  and 
the  general  safety,  that  a  law  be  passed  to  restrain  this 
evil  practice  and  impower  the  Commander-in-Chief ,  with  the 
advice  of  his  Majesty's  Council,  to  put  a  stop  to  it  when 
necessary,  by  laying  such  penalties  on  the  owners,  freight- 
ers and  masters  of  vessels  using  this  trade,  as  may  dis- 
courage them  from  prosecuting  a  business  of  such  visible 
bad  consequences  to  the  general  interest.7 

JAMES  DELANCEY." 


7  Four  acts  passed  in  1755,  February  19th,  chap.  971,  May  3,  chap.  976, 
July  5th,  chap.  983,  and  September  llth,  chap.  989,  were  intended  to  prevent 
the  exportation  of  provisions  and  warlike  stores  from  the  colony,  and  es- 
pecially into  French  territory. 


JAMES  DELANCEY,  1755.  565 

March  26.  The  approaching  war  is  indicated  in  the  fol- 
lowing message  sent  by  the  Lieutenant-Governor  to  both 
Houses : 

'  *  I  have  the  pleasure  to  acquaint  you  with  the  arrival  of 
General  Braddock,  and  the  two  regiments  ordered  by  his 
Majesty  to  Virginia.  This  makes  it  necessary  for  me  again 
to  recommend  to  you  the  enabling  me  to  quarter  the  troops, 
impress  carriages,  and  provide  all  necessaries  for  such 
forces  as  shall  arrive  or  be  raised  within  this  Government ; 
these  being  services  of  a  local  and  peculiar  nature.  And 
further,  that  you  would  raise  as  large  a  sum  as  can  be 
afforded,  as  your  contribution  to  a  common  fund  for  all 
articles  which  are  of  a  more  general  concern,  to  be  em- 
ployed provisionally  for  the  general  service  of  North 
America,  until  such  a  time  as  a  plan  of  general  union  of  his 
Majesty's  Northern  colonies  for  their  common  defence,  can 
be  perfected,  according  to  his  Majesty's  pleasure  signified 
to  me  by  a  letter  of  the  26th  of  October  last,  from  the  Eight 
Honorable  Sir  Thomas  Robinson,  already  laid  before  you.8 

I  send  you  herewith  copies  of  some  papers  I  received 
from  his  Excellency  Governor  Shirley,  which  are  of  such 
importance  as  require  your  early  and  most  serious  atten- 
tion, the  rather  as  the  measures  proposed  therein  tend  to 
unite  our  common  strength  for  our  common  defence,  and  I 
hope  will  lead  us  into  a  general  union  for  the  general  wel- 
fare. The  French  encroachments  are  chiefly  owing  to  the, 
want  of  this.  If  the  British  colonies  act  in  concert,  they 
will  soon  be  able,  with  his  Majesty's  assistance,  to  check 
and  remove  them.  You  will  not,  I  am  persuaded,  be  so  re- 
gardless of  your  safety  as  to  neglect  the  means  and  meas- 
ures for  your  own  preservation,  but  in  this,  and  all  other 
instances,  show  your  readiness  to  join  with  the  other  colo- 


8  An  act  passed  May  3,  1755,  chap.  977,  provided  for  raising  and  subsisting 
eight  hundred  men  for  service  in  this  campaign.  The  act  also  appropriated 
ten  thousand  pounds  for  general  military  purposes.  An  impressment  act  wa.s 
also  passed  May  3,  1755,  chap.  978. 


566  MESSAGES  FROM  THE  GOVERNOR. 

nies  in  all  reasonable  methods  to  protect  and  secure  your- 
selves, and  the  common  interest,  and  avoid  the  disad- 
vantageous imputation  of  backwardness  on  your  part,  to 
engage  in  a  plan  calculated  for  the  good  of  the  whole. 

I  am  under  a  difficulty  to  get  the  garrison  of  Oswego 
supplied  with  provisions,  the  contractor  being  unwilling, 
by  reason  of  the  disappointments  in  his  pay,  to  disburse 
any  further  sums  in  that  service.  You  will  therefore  think 
of  making  provision  that  the  public  may  not  suffer  through 
any  delay  of  payment,  and  particularly  that  this  garrison 
of  so  g^eat  importance,  be  not  in  danger  of  being  lost. 

JAMES  DELANCEY." 

Also  transmitting  papers  relating  to  Indian  affairs  and 
other  matters  of  importance. 

March  27.  A  joint  committee  of  the  two  Houses  was  ap- 
pointed to  consider  this  message.  Both  Houses  adopted  a 
report  of  a  committee  approving  Governor  Shirley's  plan 
for  the  defence  of  the  colonies,  and  recommending  its 
adoption,  provided  it  should  meet  the  approbation  of  the 
General  appointed  to  command  the  British  forces.  The 
report  also  recommended  that  New  York  raise  and  subsist 
eight  hundred  men,  provided  Massachusetts  would  raise 
fourteen  hundred  men  according  to  the  apportionment 
made  by  the  Congress  held  at  Albany  in  the  preceding  June. 
(See  note  8.) 

April  23.  The  Lieutenant-Governor  sent  the  following 
message  to  both  Houses: 

"  Since  our  late  meeting,  I  have  been  at  Alexandria,  in 
Virginia,  to  confer  with  General  Braddock;  and  I  now 
acquaint  you,  that  he  approves  of  Governor  Shirley's  plan 
which  I  laid  before  you ;  so  that  you  will  proceed  with  the 
utmost  dispatch  on  the  ways  and  means  to  enable  me  to 
carry  into  execution  that  part  of  it  which  this  Province  has 
undertaken,  according  to  your  resolution  of  the  27th  of  last 
month.  (See  note  8.) 

JAMES  DELANCEY." 


JAMES  DELANCEY,  1755.  567 

May  27.  Transmitting  a  copy  of  a  letter  from  Secretary 
Robinson,  the  Lieutenant-Governor  said : 

"  During  your  recess  I  made  application  to  the  Govern- 
ment of  Connecticut  to  raise  a  number  of  men  in  that 
colony,  in  the  pay  of  this  Province,  and  have  obtained  leave 
to  raise  three  companies,  as  you  will  see  by  a  copy  of  the 
resolve  of  the  Assembly,  which  I  shall  order  to  be  laid 
before  you.  I  have  given  warrants  to  five  other  persons, 
such  as  were  recommended  to  me  as  able  to  raise  compa- 
nies, which  I  hope  they  will  soon  complete.  I  have  ordered 
cartouch  boxes  to  be  made,  this  article  being  omitted  in  the 
act  lately  passed,  and  which  you  will  now  provide  for.  I 
have  wrote  to  Governor  Dinwiddie,  requesting  the  loan  of 
arms  for  the  men,  but  have  as  yet  received  no  answer;  it 
will  therefore  be  necessary  to  make  provision  for  a  supply 
of  arms,  in  case  we  should  be  disappointed  of  those.  It 
will  likewise  be  necessary  to  cause  such  forts  to  be  erected 
on  Hudson's  river,  and  in  other  places,  as  shall  be  thought 
expedient  for  securing  stores,  sheltering  men,  and  receiv- 
ing the  sick  and  wounded,  and  keeping  open  a  communica- 
tion between  Albany,  and  the  Provincial  Troops;  and  to 
build  a  proper  vessel  to  command  the  navigation  of  the 
lake,  and  thereby  deter  the  French  Indians  from  passing 
this  way.  You  are  well  apprized  that  the  assistance  of  a 
number  of  Indians  may  contribute  greatly  to  the  success 
of  the  present  expedition;  and  that  when  engaged,  they 
must  be  supplied  with  arms,  ammunition  and  provisions; 
and  as  these  things  cannot  be  executed  without  a  consider- 
able expense,  I  earnestly  recommend  it  to  you  to  make 
immediate  provision  for  them,  by  furnishing  the  propor- 
tion of  this  colony  towards  this  common  charge,  and  the 
expenses  that  Major  General  Johnson,  Commander-in-Chief 
of  the  Provincial  troops,  will  unavoidably  be  put  to ;  and  I 


568  MESSAGES  FKOM  THE  GOVERNOR. 

think  that  the  Provinces  concerned,  ought  to  make  him 
appointments  suitable  to  his  rank  and  station.9 

When  I  attended  General  Braddock,  and  Commodore 
Keppel,  Commander-in-Chief  of  his  Majesty's  ships  in 
North  America,  with  several  of  the  Governors  of  the  Pro- 
vinces in  Council  at  Alexandria,  the  plan  of  operation  for 
this  summer  was  concerted;  one  article  of  which  will  be 
laid  before  you,  relating  to  the  presents  to  be  made  to  the 
Indians.  This  was  a  service  so  essentially  necessary,  that 
I  can  have  no  doubt  but  you  will  immediately  raise 
money  to  defray  that  part  of  it  which  I  undertook  in  be- 
half of  this  Province.  [See  note  9.] 

General  Braddock  considering  the  fort  at  Oswego  as  a 
post  of  the  greatest  importance,  and  having  been  informed 
of  its  present  defenceless  condition,  and  the  weakness  of  its 
garrison,  has  ordered  the  effectives  of  the  two  independent 
companies  and  two  companies  of  Sir  "William  Pep- 
perell  's  regiment  thither,  to  reinforce  it ;  and  as 
this  service  required  the  utmost  dispatch,  and  could 
admit  of  no  delay,  and  that  a  post  of  so  great 
consequence  to  this,  and  the  other  colonies,  might  not 
be  exposed  to  the  danger  of  a  surprise  from  the  French, 
who  pass  it  in  great  numbers  in  their  way  to  and  from  the 
Ohio,  I  thought  it  for  his  Majesty's  service,  and  with  the 
advice  of  the  Council,  I  ordered  battoes  to  be  built,  and 
provisions  and  other  necessaries,  to  be  supplied  out  of  the 
Five  thousand  pounds,  appropriated  among  others  for  the 
extraordinary  services  which  may  be  judged  necessary  for 
the  use  and  security  of  this  colony,  in  this  critical  and  ex- 
traordinary conjuncture;  and  as  soon  as  the  accounts  of 
the  charges  are  brought  in,  I  shall  order  them  to  be  laid 
before  you.  The  importance  of  the  post,  the  necessity  of 


» Appropriations  for  the  Crown  Point  expedition  were  included  in  an  act 
passed  July  5,  1755,  chap.  984,  including  the  employment  of  Indians.  The 
act  also  appropriated  eighteen  hundred  pounds  for  eight  hundred  stand  of 
arms. 


JAMES  DELANCEY,  1755.  569 

a  speedy  reinforcement  of  men,  and  a  supply  of  provisions 
for  them,  induced  me  to  take  these  measures,  which  I'  con- 
ceived to  be  of  the  utmost  service  to  this  and  his  Majesty's 
other  colonies,  as  they  secure  the  pass  into  the  Indian 
Country,  and  into  this  Province,  and  will  tend  to  encourage 
the  Five  Nations  to  declare  themselves  for  us,  when  they 
see  so  strong  a  garrison  at  that  place. 

JAMES.  DELANCEY. ' ' 

May  29.  Transmitting  several  papers  relating  to  the 
enterprise  of  erecting  forts  at  or  near  Crown  Point.  (See 
note  9.) 

June  10.    Both  Houses  received  the  following  message: 

' '  I  have  received  from  the  Honorable  Robert  Dinwiddie, 
Esq.,  Governor  of  Virginia,  six  hundred  stand  of  arms, 
and  their  proper  accoutrements,  for  the  use  of  the  troops 
raised  in  this  Province,  the  cost  of  them  and  the  reasons 
why  he  could  not  spare  two  hundred  more,  you  will  find 
in  the  copy  of  his  letter.  I  desire  you  will  make  provision 
for  sending  Governor  Dinwiddie  a  bill  of  exchange  for  the 
amount,  which  I  think  the  best  method,  or  find  means  to 
replace  the  like  number  and  of  equal  goodness.  (See 
note  9.) 

I  have  before  recommended  to  you  to  pass  a  bill  more 
effectually  to  restrain  and  prevent  the  selling  of  rum  to 
the  Indians;  complaints  of  this  abuse  are  frequent,  and  it 
may  nave  very  fatal  consequences,  and  therefore  I  again 
recommend  it  to  your  consideration,  and  that  you  would 
insert  a  clause  to  punish  the  buyers  or  pretended  exchang- 
ers, of  their  arms,  ammunition,  or  clothing.  I  have  lately 
had  a  complaint  from  the  minister  of  Auchwick,  and  a  fresh 
one  from  General  Johnson,  on  this  subject,  which  I  shall 
order  to  be  laid  before  you.  The  mischief  is  great  and 
growing,  and  requires  a  speedy  and  severe  remedy.  (See 
note  3.) 


570  MESSAGES  FROM  THE  GOVEBNOB. 

In  -the  quotas  to  be  settled  for  the  contingent  charges 
which  may  arise,  none  of  the  colonies  ought  at  present  to 
be  considered,  but  such  as  are  engaged  in  the  expedition, 
least  the  service  should  suffer  by  it,  or  by  too  minute  a  cal- 
culation, the  proposed  expedition  is  of  such  consequence 
that  it  ought  not  to  be  retarded  by  any  light  consideration. 

Having  been  informed  that  the  General  of  Canada  had 
invited  the  Six  Nations  to  a  meeting  this  spring,  at  Mon- 
treal, I  thought  it  necessary  to  use  my  endeavors  to  prevent 
it;  and  to  that  end,  sent  them  a  present  of  Indian  Corn, 
and  directed  the  Commissioners  for  Indian  Affairs  to  send 
a  proper  person  into  their  country  to  dissuade  them  from 
going  thither.  Mr.  Van  Schaick,  the  recorder  of  Albany, 
who  went  on  that  service  is  returned,  and  acquaints  me  by 
letter  that  he  had  left  them  in  very  good  humor ;  that  they 
were  well  pleased  with  the  notice  taken  of  them,  and  that 
all  the  Six  Nations  were  seemingly  unanimous  in  contin- 
uing firmly  attached  to  his  Majesty's  interest.  This  ser- 
vice should  be  provided  for,  and  also  that  of  the  smiths  I 
sent  to  reside  in  the  Seneca's  country.  I  have  received  the 
account  of  those  who  were  at  Onondaga,  which  shall  be 
laid  before  you. 

I  have  received  good  accounts  of  the  levies  made  in 
Albany  and  Westchester  counties  for  the  service  of  this 
Province,  and  soon  expect  a  satisfactory  one  from  Gover- 
nor Fitch.  I  have  been  disappointed  on  Nassau  Island,  and 
have  sent  an  express  into  Dutchess  county,  where  I  hope 
for  success;  but  that  a  service  which  so  nearly  concerns 
the  welfare  of  this  country,  may  not  be  retarded  or  frus- 
trated, I  must  in  the  most  earnest  manner  press  you  to 
enable  me  to  draft  out  of  the  militia,  such  a  number  of 
men  as  will  complete  the  eight  hundred,  voted  for  this  ex- 
pedition. I  am  astonished  at  the  backwardness  I  found  in 
Suffolk  county,  and  that  men  should  refuse  to  engage  in 
an  enterprise  so  evidently  calculated  for  the  safety  and 


JAMES  DELANCEY,  1755.  571 

future  security  of  the  colonies.  I  hope  by  your  zeal  on 
this  occasion,  you  will  wipe  off  an  aspersion  that  may 
otherwise  be  cast  on  you.  It  is  high  time  we  should  exert 
ourselves  to  stop  up  a  passage  by  which  the  French,  (no 
less  barbarous  than  the  Indians)  send  their  savages  to 
murder,  scalp  and  lead  into  captivity  the  British  subjects; 
an  instance  of  which  I  had  this  morning  an  account  of 
from  Major  Vanderheyden,  who  informs  me,  that  at  Hoseck 
the  French  Indians  had  murdered  and  scalped  one  boy,  and 
carried  away  two  others,  all  the  children  of  one  George 
Brimmer,  who  was  then  at  plough  in  his  field,  with  three 
of  his  sons.  These  things  are  not  to  be  endured;  exert 
yourselves  then  with  vigor  to  put  an  end  to  such  barbarities. 

JAMES  DELANCEY." 

June  13.  Informing  the  Assembly  of  a  change  of  plan 
of  proposed  military  operations.  The  record  does  not  ex- 
plain the  proposed  change. 

June  17.  Transmitting  information  relative  to  the  ap- 
propriations being  made  by  Massachusetts  for  the  expedi- 
tion against  Crown  Point,  the  Lieutenant-Governor  said : 

"  My  opinion  is  that  you  should  provide  the  sum  of  Two 
Thousand  Pounds,  being  one-fifth  part  of  the  computed  ex- 
pense of  the  train,  as  the  quota  of  this  Province,  to  be  laid 
out  in  such  articles  as  the  Governments  do  not  furnish,  and 
that  this  Province  do  take  the  like  proportion  out  of  the 
provisions  sent  by  Pennsylvania.  I  have  ordered  proper 
carriages  to  be  made  for  the  cannon,  and  shall  give  direc- 
tions for  a  quantity  of  shot  suitable  to  them,  and  for  such 
other  particulars  as  shall  be  thought  necessary,  which  the 
other  governments  may  have  omitted. 

I  think  it  requisite  a  sum  should  be  allowed  and  advanced 
by  each  Province  concerned  in  this  expedition,  to  defray  the 
expense  Major  General  Johnson  must  unavoidably  be  put 
to  on  this  occasion. 


572  MESSAGES  FBOM  THE  GOVERNOR. 

It  seems  very  expedient  that  a  sum  of  money,  as  the 
quota  of  this  colony  for  engaging  the  Indians  in  the  in- 
tended expedition,  should  be  lodged  in  the  hands  of  the 
proper  agent  at  Albany,  ready  to  be  paid  on  Major  General 
Johnson's  drafts,  that  the  service  may  be  carried  on  with 
vigor,  and  it  is  highly  reasonable  the  other  colonies  should 
have  an  agent  at  the  same  place  for  the  like  purpose,  and 
for  receiving  and  forwarding  intelligence  to  their  respec- 
tive governments. 

A  quarter  master  is  wanting  for  fhe  Provincial  regiment ; 
as  he  is  a  necessary  officer  you  will  provide  for  his  pay, 
and  I  will  commissionate  a  proper  person."  (See  note  9.) 

June  17.  Informing  the  Assembly  that  Philip  Verplanck 
had  been  appointed  to  make  plans  for  fortifying  Albany, 
Schenectady  and  Kinderhook,  that  he  had  performed  that 
service,  and  recommending  an  appropriation  for  his  com- 
pensation and  expenses.10 

June  25.  Transmitting  papers  from  Governor  Shirley 
and  Major  General  Johnson  relating  to  the  expedition  to 
Crown  Point  and  to  Indian  affairs. 

June  30.  Transmitting  several  letters  from  Governor 
Shirley. 

July  4.  Transmitting  a  letter  from  Lieutenant-Governor 
Phips  and  also  a  resolution  by  the  Massachusetts  Assembly 
recommencing  that  New  York  if  need  be  raise  an  addi- 
tional number  of  men  for  the  Crown  Point  expedition. 

August  6.  The  Assembly  had  adjourned  from  July  5 
to  the  22d,  and  from  that  date,  to  the  5th  of  August.  The 
next  day  the  Lieutenant-Governor  sent  the  following  mes- 
sage to  both  Houses: 

' '  I  have  again  called  you  together  sooner  than  I  ex- 
pected. The  defeat  of  the  troops  under  General  Braddock, 
and  the  retreat  of  the  whole  under  Col.  Dunbar,  make  it  nec- 


10  Philip  Verplanck's  compensation  and  expenses  were  provided  for  by  an 
act  passed  July  5,  1755,  chap.  984,  relating  to  the  Crown  Point  expedition. 


JAMES  DELANCEY,  1755.  573 

essary  for  all  the  colonies  to  take  vigorous  measures  upon 
this  incident.  The  French  will  exult  on  their  victory,  their 
Indians  will  be  more  insolent  than  eVer,  and  ours  will  be 
more  disheartened.  The  French  will  endeavor  on  this  oc- 
casion to  improve  their  interest,  and  to  make  deep  impres- 
sions on  the  minds  of  our  Indians  to  our  disadvantage,  who 
from  this  instance  may  be  persuaded  to  think  them  so  far 
superior  to  us  as,  out  of  fear,  either  not  to  assist,  or  per- 
haps abandon  us.  This  view  of  our  affairs,  calls  for  all  our 
attention  to  remove  the  impression  the  disaster  may  cause, 
and  to  prevent  the  bad  consequences  that  may  flow  from 
it.  And  I  am  of  opinion,  the  only  effectual  method  to  abate 
the  pride  of  the  French,  curb  the  insolence  of  their  Indians, 
and  confirm  and  animate  ours,  is  immediately  to  raise  more 
troops,  to  support  and  reinforce  those  already  on  foot. 
"We  have  the  means,  under  God,  in  our  power,  let  us  then 
with  unanimity,  spirit  and  resolution,  exert  those  means 
he  has  put  into  our  hands,  in  the  defence  of  our  religion  from 
popery,  our  persons  from  slavery,  and  our  property  from 
arbitrary  power.  The  safety  and  being  of  the  British 
colonies  are  near  a  crisis.  It  behooves  us  therefore  to  take 
right  measures,  and  to  pursue  them  with  steadiness  and 
fortitude,  to  avert  the  evils,  the  detestable  evils,  which 
bondage  on  our  minds,  persons  and  estates,  carry  with  it. 
The  spirits  of  our  troops  may  be  somewhat  dampened  by 
the  accounts  of  the  unexpected  defeat  near  the  Monon- 
gahela,  and  nothing  will  probably  tend  more  to  reanimate 
them  than  our  proceeding  immediately  to  raise  an  addi- 
tional number  of  men  to  join  them.  Nor  can  anything  be 
more  effectual  to  confirm  our  Indians  in  their  dependence 
on  us,  than  to  show  them  we  have  strength  sufficient  to  pro- 
tect them,  defend  ourselves,  and  to  chastise  our  enemies. 
Let  it  be  exerted  with  the  utmost  vigor.  As  the  Provincial 
troops  are  already  on  their  march,  any  assistance  we  give 
them  must  be  sent  without  the  least  delay;  and  therefore, 


574  MESSAGES  FROM  THE  GOVERNOR. 

if  a  sufficient  number  of  volunteers  do  not  offer,  it  is  neces- 
sary drafts  should  be  made,  that  the  succours  be  dispatched 
with  all  speed.11 

GENTLEMEN. — "We  are  now  in  such  a  conjuncture  as 
makes  it  necessary  to  have  the  treasury  well  supplied,  to 
answer  any  emergency  and  sudden  call.  I  must  therefore 
recommend  to  you  to  provide  funds  for  that  purpose.  I 
have  thought  of  the  three  following:  A  poll  tax  of  ten 
shillings  or  more,  on  every  slave  from  fifteen  to  fifty  years 
of  age;  an  excise  upon  tea;  and  a  stamp  duty.  The  first 
cannot  be  thought  heavy,  as  none  but  persons  of  some  sub- 
stance possess  slaves,  and  the  tax  will  fall  equally  accord- 
ing to  men's  abilities;  the  second  is  a  tax  upon  a  super- 
fluity of  pernicious  consequence  to  the  healths  and  purses 
of  the  people,  and  therefore  a  proper  object  of  a  tax;  and 
the  third  will  be  so  diffused  as  to  be  in  a  manner  insensible. 
I  would  have  you  take  these  things  under  your  consider- 
ation, and  if  they  appear  insufficient  for  the  services  we 
are  engaged  in,  I  must  earnestly  recommend  it  to  you  to 
make  an  addition  to  the  tax  on  estates  real  and  personal. 
We  are  all  so  deeply  concerned  in  the  operations  of  this 
year,  that  I  persuade  myself  you  will  do  all  that  is  in  your 
power  to  give  a  happy  issue  to  them. 

JAMES  DELANCEY." 

At  the  same  time  the  Lieutenant-Governor  transmitted 
papers  relating  to  Indian  affairs,  including  a  letter  from 
Lieutenant-Governor  Phips  of  Massachusetts  relative  to 
raising  an  additional  number  of  men  to  facilitate  the  re- 
duction of  Crown  Point. 

August  12.  Transmitting  a  letter  from  Governor  Shir- 
ley dated  August  7,  informing  the  Lieutenant-Governor 


11  August  llth,  the  Assembly  passed  an  act  to  provide  for  raising  four 
hundred  additional  men  for  the  Crown  Point  expedition,  but  it  does  not  seem 
to  have  received  the  Council's  assent. 


JAMES  DELANCEY,  1755.  575 

that  he  had  ordered  the  forces  under  the  command  of  Col. 
Dunbar  to  march  to  Albany.12 

September  2.    The  Lieutenant-Governor  sent  the  follow- 
ing message  to  the  Assembly: 

' '  I  have  thought  it  necessary  again  call  you  together, 
that  you  might  be  apprized  of  the  steps  taking  by  some  of 
the  governments,  engaged  in  the  expedition  set  on  foot,  to 
remove  the  French  from  their  encroachments  on  his  Maj- 
esty's territories  to  the  northward  of  Albany.  I  send  you 
copies  of  letters  I  received  from  General  Johnson,  with 
minutes  of  the  Councils  of  War,  held  at  the  Great-Carry- 
ing-Place, and  also  the  intelligence  I  have  had  from  the 
governments  of  the  Massachusetts  Bay  and  Connecticut,  by 
which  you  will  perceive  that  the  government  of  the  Massa- 
chusetts Bay  are  raising  eight  hundred  men  to  reinforce 
the  Provincial  troops  under  Major  General  Johnson,  and 
that  the  colony  of  Connecticut,  are  raising  fifteen  hundred 
men,  over  and  above  the  five  hundred  Governor  Fitch  was 
impowered  to  raise  by  a  vote  of  that  government.  The  zeal 
of  the  colony  of  Connecticut  on  this  occasion  cannot  be 
sufficiently  applauded;  they  are  exerting  themselves  in  a 
most  laudable  manner  for  the  general  benefit  of  all  the 
British  colonies,  even  to  the  utmost  of  their  abilities,  as 
to  the  expense  which  must  necessarily  grow  from  raising 
and  supporting  the  thousand  men  they  now  have  with 
Major  General  Lyman,  and  these  two  thousand  additional 
men,  for  a  reinforcement  to  the  Provincials.  Upon  these 
considerations,  I  do  most  earnestly  recommend  it  to  you 
to  take  measures  suitable  to  this  occasion.  It  would  be  a 
most  sensible  mortification  to  me,  to  find  this  Province 
backward  in  bearing  their  share,  in  a  matter  so  nearly 
touching  their  honor,  their  interest,  and  perhaps  their 


12  An  act  passed  August  14th,  chap.  986,  providing  for  the  sale  of  certain 
provisions  in  Albany,  authorized  the  use  of  a  part  of  the  proceeds  for  the 
subsistence  and  transportation  of  Col.  Dunbar's  force  which  was  to  be  gent 
to  Albany. 


576  MESSAGES  FROM  THE  GOVERNOR. 

being.  This  Province  has  already  done  much  for  their  secur- 
ity, and  contributed  their  full  quota  to  the  first  plan  of  the 
expedition ;  go  on  then  to  accomplish  a  work  already  begun, 
exert  yourselves  so,  as  that  we  may  appear  with  credit,  and 
that  we  may  by  the  blessing  of  God  have  reason  to  expect  a 
happy  issue  to  our  undertakings  in  so  just  and  righteous 
a  cause.13 

JAMES  DELANCEY." 

GOVERNOR  HARDY  ASSUMES  OFFICE. 

September  3.  Sir  Charles  Hardy  Kt.,  who  had  been  ap- 
pointed Governor  by  a  Commission  dated  March  1,  1755, 
took  the  oath  of  office  and  published  his  commission. 

September  4.  Governor  Hardy  sent  the  following  mes- 
sage to  both  Houses : 

' '  Mr.  Delancey,  the  late  C ommander-in- Chief ,  hath  com- 
municated to  me  the  message  and  intelligence,  he  lately  sent 
you;  and  it  gives  me  the  greatest  satisfaction  to  find  you 
already  so  far  engaged  in  a  matter  in  which  his  Majesty's 
service,  and  the  welfare  of  these  colonies,  is  so  much  inter- 
ested. The  cheerfulness  and  alacrity  with  which  you  have 
granted  the  necessary  supplies  for  this  important  service, 
are  the  most  convincing  proofs  of  the  good  dispositions 
of  the  people  of  this  Province,  and  give  me  the  greatest' 
hopes  that  you  will  upon  the  present  occasion,  (in  concur- 
rence with  the  neighboring  colonies  engaged  with  you)  add 
that  further  aid  and  assistance  which  appears  so  necessary. 
As  to  the  manner  of  doing  it,  you  will  consider  in  what  way 
the  state  and  circumstances  of  this  Province  are  best  able 
to  effect  it. 

The  Lieutenant-Governor,  from  his  attachment  to  his 
Majesty's  service,  and  great  knowledge  of  the  country,  has 


13  The  Legislature  acted  promptly,  and  on  the  llth  of  September  passed  an 
act,  chap.  988,  appropriating  eight  thousand  pounds  toward  the  expenses  of 
two  thousand  Connecticut  men  for  the  Crown  Point  expedition. 


SIB  CHARLES  HARDY,  1755.  577 

laid  this  matter  before  you  in  a  way  that  leaves  me  nothing 
to  require,  but  that  you  would  proceed  with  the  utmost 
dispatch  on  the  matters  recommended-  in  this  message. 

CHARLES  HABDY." 

September  8.  Transmitting  a  letter  from  Governor  Fitch 
of  Connecticut  of  the  6th  instant,  relating  "  to  the  manner 
of  drawing  for  the  eight  thousand  pounds,  contributed  to 
the  colony  of  Connecticut,  towards  the  two  thousand  men 
now  levying  in  the  said  colony;  wherein  the  said  governor 
gratefully  thanked  this  colony  for  the  said  contribution. 
Which  letter  being  read,  Governor  Fitch's  request  with 
respect  to  the  drawing  of  said  money  was  agreed  to." 

September  8  and  9.  Thanking  the  Council  and  Assembly 
respectively  for  its  congratulatory  address. 

September  11.  The  Assembly  was  prorogued  to  the  30th 
instant. 

ALBANY  PLAN  OF  UNION,  1754. 


This  plan  of  union  was  proposed  by  a  convention  or  con- 
gress composed  of  25  members,  which  met  at  Albany  in 
June,  1754.  The  congress  had  its  inception  in  a  letter  from 
the  Lords  of  Trade  to  Governor  Osborn,  dated  September 
18,  1753.  The  Governor  had  already  sailed  for  New  York, 
where  he  arrived  on  the  7th  of  October,  but  the  letter  was 
not  received  until  some  time  after  his  death,  which  occurred 
on  the  12th.  Lieutenant-Governor  De  Lancey,  having  as- 
sumed the  executive  office,  the  letter  came  into  his  hands, 
and  its  directions  were  executed  by  him.  This  letter  re- 
minded Governor  Osborn  that  it  had  been  usual  on  former 
occasions,  when  an  interview  had  been  held  1 l  with  the  In- 
dians, for  the  other  neighboring  governments  in  alliance 
with  them  to  send  commissioners  to  be  joined  with  those  of 
New  York,"  and  the  letter  stated  that  communications  had 
'  37 


578  MESSAGES  FROM  THE  GOVERNOR. 

been  sent  to  the  Governors  of  Virginia,  Pennsylvania, 
Maryland,  New  Hampshire,  Massachusetts  Bay  and  New 
Jersey,  "desiring  them  to  represent  to  their  respective 
Assemblies  the  utility  and  necessity  of  this  measure,  and  to 
urge  them  to  make  proper  provision  for  it. ' '  The  Governor 
was  required  to  give  early  notice  of  the  proposed  meeting, 
and  it  was  recommended  that  all  the  Provinces  be  if 
practicable  comprised  in  one  general  treaty  to  be  made  in 
his  Majesty's  name,  it  appearing  to  us  that  the  practice  of 
each  Province  making  a  separate  treaty  for  itself  in  its  own 
name  is  very  improper  and  may  be  attended  with  great  in- 
conveniency  to  his  Majesty's  service." 

The  letters  to  the  other  Governors  were  transmitted  to 
the  Governor  of  New  York,  with  the  letter  to  him,  and  on  the 
24th  of  December,  1753,  Lieutenant-Governor  De  Lancey, 
writing  to  the  Lords  of  Trade,  acknowledged  the  receipt 
of  these  letters,  and  said  he  had  forwarded  them  according 
to  their  directions  with  a  notice  that  he  had  appointed  the 
interview  with  the  Indians  to  be  held  at  Albany,  on  the  14th 
of  June,  1754.  (Col.  Doc.,  vol.  6,  p.  817.)  Commissioners 
were  present  from  New  York,  New  Hampshire,  Massa- 
chusetts Bay,  Connecticut,  Ehode  Island,  Maryland  and 
Pennsylvania.  New  Jersey,  Virginia,  North  Carolina  and 
South  Carolina  were  not  represented  in  the  Congress. 

The  Congress  was  called  primarily  to  consider  questions 
relating  to  Indian  affairs  and  the  defence  of  the  colony,  but 
the  commissioners  from  Massachusetts  received  additional 
authority  to  enter  ' '  into  articles  of  union  and  confederation 
with  the  aforesaid  governments  for  the  general  defence  of 
his  Majesty's  subjects  and  interests  in  North  America  as 
well  in  time  of  peace  as  in  war."  After  deliberating  sev- 
eral days  on  Indian  affairs,  the  convention  unanimously 
resolved  to  consider  the  question  of  colonial  union,  and 
finally  adopted  the  plan  which  is  the  subject  of  this  note. 
Benjamin  Franklin,  a  commissioner  from  Pennsylvania, 


SIR  CHARLES  HARDY,  1755. 

was  the  leading  spirit  in  promoting  and  arranging  the  plan 
for  a  general  union  of  the  colonies.  The  Congress  met  at 
Albany,  June  19,  1754,  and  the  plan' was  adopted  on  the 
10th  of  July.  It  is  often  referred  to  in  official  correspond- 
ence of  the  period,  as  the  * '  Albany  Plan, ' '  and  in  the  instru- 
ment itself  the  plan  is  sometimes  called  a  constitution.  In 
some  particulars  it  resembles  the  Articles  of  Confederation 
of  the  Kevolutionary  period,  and  the  subsequent  Federal 
Constitution.  The  text  of  the  plan  is  given  in  New  York 
Colonial  Documents,  volume  6,  page  889,  in  O'Callaghan's 
Documentary  History  of  New  York,  volume  2,  page  612, 
in  the  Pennsylvania  and  Massachusetts  Historical  Eecords, 
and  also  in  Franklin's  Works. 

By  the  terms  of  the  instrument,  application  was  to  be 
made  for  an  act  of  Parliament  providing  for  1 1  one  general 
government  "  in  America,  to  include  all  the  colonies,  each 
colony  to  retain  its  existing  constitution  except  as  modified 
by  the  act  of  Parliament. 

The  new  government  was  to  be  administered  by  a 
' '  president  general, "  to  be  appointed  and  supported  by  the 
Crown,  and  a  "Grand  Council"  composed  of  delegates 
chosen  by  the  several  colonial  Assemblies. 

New  York  was  to  have  four  delegates,  Massachusetts  Bay 
seven,  New  Hampshire  two,  Connecticut  five,  Rhode  Island 
two,  New  Jersey  three,  Pennsylvania  six,  Maryland  four, 
Virginia  seven,  North  Carolina  four,  and  South  Carolina 
four,  making  a  Council  of  forty-eight  members. 

Members  of  the  Council  were  to  hold  office  three  years, 
and  the  first  meeting  was  to  be  held  in  Philadelphia. 

After  the  first  three  years,  the  ratio  of  representation 
was  to  be  determined  according  to  the  amount  contributed 
by  each  colony  to  the  general  treasury. 

The  Council  was  required  to  meet  at  least  once  in  each 
year.  A  quorum  was  to  consist  of  twenty-five  members 
' '  among  whom  there  shall  be  one  or  more  from  a  majority 
of  the  colonies." 


580  MESSAGES  FROM  THE  GOVERNOR. 

The  Council  was  to  choose  its  own  Speaker,  and  "  shall 
neither  be  dissolved,  prorogued,  nor  continue  sitting  longer 
than  six  weeks  at  one  time,  without  their  own  consent,  or 
the  special  command  of  the  Crown." 

Provision  was  made  for  a  per  diem  compensation  to  the 
members,  and  also  for  their  traveling  expenses. 

No  act  of  the  Grand  Council  was  to  be  valid  without  the 
assent  of  the  President  General,  and  he  was  required  to 
carry  all  such  acts  into  execution. 

The  President  General  and  Grand  Council  were  given 
exclusive  control  of  Indian  affairs,  including  the  power  to 
make  peace  and  declare  war,  regulate  Indian  trade,  pur- 
chase Indian  lands  for  the  Crown,  provide  for  settlements 
on  such  lands  by  grants  thereof  in  the  King's  name,  reserv- 
ing quit  rents  to  be  paid  into  the  general  treasury,  and  to 
' '  make  laws  for  regulating  and  governing  such  new  settle- 
ments, until  the  Crown  shall  think  fit  to  form  them  into 
particular  governments." 

The  President  General  and  Grand  Council  might  also 
"  raise  and  pay  soldiers,  and  build  forts  for  the  defence 
of  any  of  the  colonies,  and  equip  vessels  of  force  to  guard 
the  coasts  and  protect  the  trade  of  the  ocean,  lakes  or  great 
rivers. ' ' 

The  President  General  and  Grand  Council  were  vested 
with  power  to  ' '  make  laws  and  lay  and  levy  such  general 
duties,  imposts  or  taxes  as  to  them  shall  appear  most  equal 
and  just, ' '  and  the  plan  also  provided  for  the  appropriation 
and  application  of  public  funds.  The  "  general  accounts  " 
were  to  be  settled  annually  and  reported  to  the  several 
Assemblies. 

Following  the  provision  usually  inserted  in  commissions 
and  instructions  to  colonial  Governors,  the  plan  provided 
that  laws  passed  by  the  Grand  Council  "  shall  not  be  repug- 
nant, but  as  near  as  may  be  agreeable  to  the  laws  of  Eng- 
land, and  shall  be  transmitted  to  the  King  in  Council  for 


SIB  CHARLES  HAKDY,  1755.  581 

approbation,  as  soon  as  may  be,  after  their  passing,  and  if 
not  disapproved  within  three  years  after  presentation  to 
remain  in  force." 

"In  case  of  the  death  of  the  President  General,  the 
Speaker  of  the  Grand  Council  for  the  time  being  shall 
succeed  and  be  vested  with  the  same  powers  and  authori- 
ties, to  continue  until  the  King's  pleasure  be  known." 

Military  and  naval  officers  were  to  be  nominated  by  the 
President  General  and  confirmed  by  the  Grand  Council. 
Civil  officers  were  to  be  nominated  by  the  Grand  Council 
and  approved  by  the  President  General.  Vacancies  were 
to  be  filled  temporarily  by  the  Governor  of  the  colony  in 
which  such  vacancy  might  happen.  Existing  civil  and  mili- 
tary establishments  in  the  several  colonies  were  continued 
without  change. 

The  plan  was  to  be  submitted  to  the  several  colonies  for 
ratification. 

On  the  22d  of  July,  1754,  Lieutenant-Governor  De  Lan- 
cey  transmitted  to  the  Lords  of  Trade  a  record  of  the  pro- 
ceedings of  the  Congress,  including  the  proposed  plan  of 
union.  On  the  29th  of  October,  the  Lords  of  Trade  trans- 
mitted the  plan  to  the  King,  accompanied  by  a  l '  repre- 
sentation ' '  containing  a  synopsis  of  the  plan  with  some 
comments,  but  no  opinion  was  expressed  as  to  that  part  of 
the  plan  relating  to  a  general  union  of  the  colonies. 

It  is  a  noteworthy  coincidence  that  on  the  14th  of  June, 
1754,  the  day  appointed  for  the  meeting  of  the  commis- 
sioners from  the  several  colonies,  of  which  the  home 
government  had  already  been  informed  by  Lieutenant- 
Governor  De  Lancey,  the  King  gave  directions  to  the  Lords 
of  Trade  to  prepare  a  *  *  plan  of  general  concert ' '  for  the 
* '  mutual  and  common  defence ' '  of  the  colonies,  1 1  and  to 
prevent  or  remove  any  encroachments  upon  his  Majesty's 
dominions,"  which  plan  was  to  be  sent  to  the  Governors 
of  the  American  colonies. 


582  MESSAGES  FROM  THE  GOVERNOR. 

On  the  9th  of  August,  the  Lords  of  Trade  reported  a 
general  plan  in  conformity  to  the  King's  instructions.  It 
consisted  chiefly  of  provisions  relating  to  military  and  In- 
dian affairs,  including  fortifications  and  operations  in  time 
of  war.  It  emphasized  the  importance  of  putting  Indian 
affairs  under  one  general  direction,  and  the  immediate 
necessity  of  a  union  of  the  colonies  for  the  purposes  em- 
braced in  the  plan,  and  for  the  purpose  of  consummating 
the  object  of  the  plan,  it  was  recommended  that  a  Conven- 
tion be  called,  to  which  each  colony  was  to  send  one  dele- 
gate. This  convention  was  to  be  authorized  to  determine 
all  questions  relating  to  the  number  of  forts  and  troops 
which  might  be  needed,  and  to  apportion  the  expense  of 
the  united  military  establishment  among  the  colonies  ac- 
cording to  the  "  number  of  inhabitants,  trade,  wealth  and 
revenue  of  each  colony."  A  Commander-in-Chief  of  all 
the  military  forces  in  the  colonies  was  to  be  appointed  by 
the  Crown.  No  general  treasury  was  provided  for,  but 
drafts  for  expenses  incident  to  the  united  military  estab- 
lishment were  to  be  drawn  upon  the  treasuries  of  the  several 
colonies  according  to  their  respective  apportionments.  The 
Commander-in-Chief  was  to  make  an  annual  report  to  the 
colonies,  and  also  to  the  home  government,  and  each  colony 
might  provide  for  inspection  of  fortifications.  The  plan 
which  might  be  adopted  by  the  convention  was  subject  to 
royal  approval. 

The  Albany  plan  of  union  was  never  consummated.  It 
it  said  that  it  was  disapproved  by  the  home  government 
because  it  encroached  too  much  on  the  royal  prerogative, 
and  that  it  was  disapproved  by  the  colonies  because  it  did 
not  give  sufficient  independence.  It  is  worth  while  to  re- 
member that  the  phrase  '  *  articles  of  confederation  ' '  used 
in  the  appointment  of  the  Massachusetts  commissioners  in 
1754,  was  adopted  twenty-four  years  later  (1778),  as  the 
name  of  the  instrument  which  embodied  the  union  of  the 


SIB  CHARLES  HARDY,  1755.  583 

colonies  during  the  Revolution,  and  that  two  members  of 
the  Albany  Congress,  Benjamin  Franklin  and  Stephen 
Hopkins,  were,  twenty-two  years  afterwards,  members  of 
the  Continental  Congress  that  framed  and  promulgated 
the  Declaration  of  Independence. 

No  action  seems  to  have  been  taken  in  the  colonies  on 
the  plan  proposed  by  the  Lords  of  Trade. 


1755.     DECEMBER.     TWENTY-SEVENTH  ASSEMBLY,  SEVENTH 

SESSION. 


Sir  CHARLES  HARDY,  Governor. 

The  session  opened  December  2d,  and  the  next  day  the 
Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
His  Majesty  having  been  pleased  by  his  royal  commission 
to  constitute  me  his  Captain-General  and  Governor-in-Chief 
of  this  Province,  my  departure  from  England  was  no  longer 
delayed  than  in  making  the  necessary  preparations  for  it. 
Upon  my  arrival  I  found  this  and  several  other  of  his 
Majesty's  colonies  cheerfully  engaged  in  an  expedition  for 
removing  the  French  encroachments  at  Crown  Point,  and 
soon  after  received  an  account  of  the  action  on  the  8th  of 
September  last,  between  the  Provincial  forces  under  the 
command  of  Major-General  Johnson  and  the  forces  under 
the  French  General  the  Baron  de  Dieskau,  in  which  the 
latter  were  repulsed  and  himself  taken. 

On  the  fourteenth  I  embarked  for  Albany,  to  reside 
there  during  the  further  prosecution  of  this  design,  that  I 
might  be  nearer  at  hand  to  render  every  assistance  in  my 
power  tb  promote  the  success  of  it,  which  I  am  sorry  is  not 
equal  to  the  expectations  we  flattered  ourselves  with. 


584  MESSAGES  FROM  THE  GOVERNOB. 

Two  forts  have  been  erected  by  the  army,  one  at  the 
Great- Carry  ing-Place  on  Hudson's  River,  and  the  other  at 
the  south  end  of  Lake  George.  These  forts  will  not  only 
facilitate  any  further  attempt  against  the  enemy  on  that 
quarter,  but  if  properly  maintained  and  garrisoned,  tend 
greatly  to  the  security  of  the  country.  Before  I  left 
Albany  measures  were  concerted  for  placing  garrisons  in 
them,  and  commissioners  in  the  behalf  of  this  Province, 
the  Province  of  Massachusetts  Bay  and  the  colony  of  Con- 
necticut are  gone  to  the  camp  to  settle  everything  relative 
to  the  garrisons,  and  when  fixed,  to  discharge  the  rest  of 
the  forces,  conformable  to  an  agreement,  which  with  other 
papers  necessary  for  your  information  I  shall  order  to  be 
laid  before  you. 

GENTLEMEN. —  I  am  commanded  by  his  Majesty  to  recom- 
mend to  you,  in  his  name,  without  delay  to  consider  of  a 
proper  law  to  be  passed  for  settling  a  permanent  revenue 
upon  a  solid  foundation,  for  defraying  the  necessary  and 
established  charges  of  government,  taking  care  that  such 
law  shall  be  indefinite  without  limitation  of  time,  and  that 
provision  be  made  therein  for  a  competent  salary  to  the 
Captains  General  and  Governors-in-Chief  of  this  his 
Majesty's  Province,  and  likewise  for  competent  salaries  to 
all  judges,  justices  and  other  necessary  and  usual  officers 
and  ministers  of  government,  and  also  for  a  certain  per- 
manent fund  for  repairing  and  maintaining  the  fortifica- 
tions, for  making  annual  presents  to  the  Indians,  and  for 
the  other  contingent  expenses  attending  that  service;  and 
in  general  for  all  such  other  charges  of  government  as  may 
be  fixed  or  ascertained.1 

As  the  act  to  regulate  the  militia  of  this  colony  will 
expire  by  its  own  limitation  on  the  19th  day  of  February 
next,  I  must  recommend  to  you  the  continuing  of  that  use- 


1  The  general  appropriation  act,  chap.  994,  passed  December  23,  1755,  was 
limited  to  one  year,  in  accordance  with  the  policy  which  had  already  become 
firmly  established. 


SIB  CHARLES  HARDY,  1755.  585 

fill  law,  with  such  alterations  or  amendments  as  may 
appear  to  you  to  be  necessary.2 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  From  my  short 
residence  in  this  Province  it  cannot  be  expected  I  should 
point  out  to  you  any  new  funds  for  raising  the  necessary 
supplies.  You  will  consider  of  the  revenue  his  Majesty 
demands  of  you  for  the  support  of  his  government,  and 
if  the  fund  heretofore  established  for  this  service  appear 
insufficient,  you  will  fall  upon  such  others  as  will  effectually 
answer  his  Majesty's  just  expectations.  I  shall  only  recom- 
mend to  you  to  avoid  as  much  as  possible  the  laying  any 
further  impositions  on  trade,  upon  the  encouragement  of 
which  the  prosperity  of  every  trading  country  principally 
depends. 

As  the  two  forts  built  by  the  provincial  forces  are  to  be 
garrisoned  by  a  proportion  of  the  troops  raised  by  each 
government,  I  must  recommend  it  to  you  to  provide  your 
quota  of  that  expense,  and  also  for  the  payment  of  what 
is  still  due  to  the  troops,  and  such  contingent  charges  as 
have  arisen  in  the  course  of  this  service.3 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
His  Majesty  ever  zealous  in  promoting  the  happiness  of 
his  people  is  taking  such  measures  to  vindicate  the  honor 
of  his  Crown,  and  for  the  defence  of  his  undoubted  right 
and  dominion  as  must  excite  in  all  his  subjects  the  highest 
sentiments  of  duty  and  gratitude,  and  as  from  the  present 
critical  conjuncture  of  affairs,  a  rupture  with  France  may 
be  s,oon  expected,  and  the  French,  even  at  this  time  are 
using  strong  efforts  to  distress  these  colonies,  it  behoves 
every  one  to  exert  himself  to  the  utmost  of  his  ability.  I 
shall  not  therefore  doubt  of  your  enabling  me  to  enter  into 


2  A  militia  law  was  passed  February  19,  1756,  chap.  996. 

3  An  act  for  the  payment  of  the  debts  of  the  colony  and  for  other  purposes, 
chapter  1008,  passed  April  1st,  made  an  appropriation  for  the  pay  of  troops 
garrisoned  at  Fort  William  Henry  and  Fort  Edward. 


586  MESSAGES  FROM  THE  GOVERNOR. 

and  pursue  such  measures  as  shall  appear  necessary  for 
our  own,  and  the  defence  of  all  his  Majesty's  colonies,  the 
prosperity  of  which  I  hope  in  the  course  of  my  administra- 
tion to  convince  you  I  have  most  warmly  at  heart. 

CHAS.  HAEDY. 
Fort  George  New  York 
3d  December  1755. 

SPECIAL  MESSAGES. 

December  5.     Thanking  the  Council  for  its  address. 

December  10.  The  Assembly  on  this  day  presented  to 
the  Governor  an  address,  containing  the  following  sugges- 
tions concerning  revenue  laws: 

' '  We  wish  we  could,  with  equal  satisfaction,  reconcile  to 
ourselves  your  Excellency's  recommendation  of  an  indefi- 
nite support;  but  humbly  beg  leave  to  inform  your  Ex- 
cellency, that  we  have  no  permanent  funds  on  which  to 
establish  such  a  revenue,  nor  do  any  occur  to  us  without 
very  apparent  inconveniences  to  our  constituents.  We 
therefore  most  humbly  hope  we  shall  stand  acquitted  in 
the  eyes  of  our  most  gracious  sovereign,  if  we  decline  a 
measure  so  directly  opposite  to  the  sentiments  of  almost 
every  individual  of  the  colony.  We  cannot  leave  this  sub- 
ject without  disclosing  to  your  Excellency  the  concern  it 
gives  us,  that  this  his  Majesty's  loyal  colony,  which,  though 
small  in  numbers,  has  cheerfully  bore  very  heavy  expenses, 
and  particularly  supported  its  Governors,  and  other  officers 
of  government,  in  a  more  liberal  manner  than  most  others 
on  the  Continent,  should  be  required  to  pursue  measures 
hitherto  unknown  to  it,  whilst  the  rest,  almost  without 
exception,  are  left  to  practice  the  very  measures  denied 
to  us."  (See  note  1.) 

The  Governor  in  the  course  of  his  reply  to  this  address 
said,  referring  to  the  Crown  Point  expedition : 

"  The  advantages  gained  by  the  Provincial  forces,  under 
the  command  of  Major  General  Johnson,  have  certainly 
conduced  to  the  safety  of  the  colonies  in  general,  and  the 


SIB  CHARLES  HAKDY,  1755.  587 

forts  constructed  by  them,  if  properly  garrisoned,  will  pro- 
tect the  people  from  the  attempts  of  the  enemy." 

/ 

Discussing  the  revenue  question  the  Governor  said: 

' '  His  Majesty  having  constituted  this  his  Province  into 
a  Government  justly  expects  a  support  of  that  government, 
by  a  permanent  revenue,  settled  by  a  law  that  shall  be  in- 
definite ;  and  as  to  the  funds  or  means  of  raising  that  sup- 
port, it  lies  with  you  the  Representatives  of  the  People." 
(See  note  1.) 

December  12.  Transmitting  papers  from  the  commis- 
sioners for  paying  the  forces  at  Albany. 

December  17.  The  Governor  sent  the  following  message 
to  both  Houses: 

"  I  send  you  a  letter  with  several  affidavits  and  other 
papers,  which  I  received  yesterday  from  Col.  Dekey,  by 
express,  from  whence  it  appears  that  the  Indians,  infesting 
the  Northern  parts  of  Pennsylvania,  near  the  River  Dela- 
ware, have  lately  murdered  several  persons,  and  burnt  the 
houses  within  a  few  miles  of  the  settlements  in  this  Prov- 
ince, and  New  Jersey.  Upon  advice  some  days  since,  that 
they  had  appeared  in  Minisink,  I  ordered  a  detachment  of 
thirty  men,  from  each  of  the  regiments  in  Orange  county, 
and  sixty  from  Ulster,  to  march  to  the  frontiers  in  order 
to  protect  the  settlers,  and  prevent  them  from  deserting 
their  habitations.  The  detachment  of  Col.  Dekey 's  regi- 
ment is  already  marched,  and  I  expect  the  others  will  soon 
follow,  which  I  hope  (in  conjunction  with  those  of  New 
Jersey)  will  prove  a  sufficient  force  to  repel  the  enemy;  if 
not,  the  detachments  are  to  be  augmented  as  shall  be  found 
necessary. 

This  duty  will  fall  very  unequally  on  the  people,  by  being 
confined  to  the  militia  of  those  two  counties,  who  besides 
their  own  personal  service,  must  furnish  themselves  with 
provisions  and  ammunition,  an  expense  which  some  of 
them  are  unable  to  bear.  I  therefore  recommend  it  to  you, 


588  MESSAGES  FROM  THE  GOVERNOR. 

to  make  a  suitable  allowance  to  all  such  as  shall  be  ordered 
upon  this  service,  that  the  militia  may  not  be  backward 
for  want  of  proper  encouragement,  and  also  to  enable  me 
to  take  the  necessary  measures  for  the  defence  of  the 
frontiers,  according  to  the  intelligence  I  may  receive  from 
time  to  time.4 

You  will  perceive  by  several  other  papers  I  now  send 
you,  relative  to  the  garrisoning  Fort  Edward  and  Fort 
William  Henry,  that  the  quota  to  be  furnished  by  this  Prov- 
ince is  not  yet  complete.  These  forts  are  of  such  impor- 
tance, that  I  must  recommend  the  preparing  a  bill  for 
drafting  men  out  of  the  militia  of  the  neighboring  counties, 
if  a  sufficient  number  of  volunteers  do  not  offer  for  this 
service.5 

CHAELES  HAEDY." 

December  19.  Transmitting  accounts  relative  to  the 
Crown  Point  expedition.7 

1756.  January  8.  Transmitting  an  "  additional  instruc- 
tion ' '  from  the  Lord  Justices  of  England,  requiring  the 
Governor  to  recommend  a  law  providing  for  the  payment 
of  one  half  of  the  expense  of  settling  the  boundary  line 
between  New  York  and  New  Jersey,  the  latter  colony  hav- 
ing agreed  to  pay  the  other  moiety.  The  Governor  also 
recommended  that  measures  be  immediately  adopted  for 


4  Chap.  1008  also  made  provision  for  paying  sixty  rangers. 

5  By  chap.  993,  passed  December  23,  1755,  the  Governor  was  authorized  to 
detach  militia  from  Albany  and  Dutchess  counties  for  the  garrisons  at  Fort 
Edward  and  Fort  William  Henry. 

7  This  recommendation  was  answered  by  an  act  passed  April  1,  chap.  1009, 
which  provided  for  raising  seventeen  hundred  and  fifteen  men  for  the  Crown 
Point  expedition  and  for  service  on  the  frontiers.  An  additional  number 
had  been  recommended  by  the  Governor  in  a  message  of  March  4th.  By  this 
act  one  thousand  three  hundred  fifteen  men  were  to  be  employed  in  the 
Crown  Point  expedition.  Another  act  passed  May  4,  1756,  chap,  1013,  au- 
thorized the  Governor  to  detach  militia  for  this  expedition  if  a  sufficient 
number  of  men  had  not  already  volunteered,  and  the  act  prescribed  the 
number  of  militia  which  might  be  detached  in  each  county  for  this  service. 


SIB  CHARLES  HAKDY,  1756.  589 

settling  the  controversy  relative  to  the  boundary  line 
between  this  colony  and  Massachusetts.  The  Governor 
recommended  that  the  Legislature  inake  provision  for 
quartering  soldiers,  with  proper  allowances  therefor.6 

January  10.  Transmitting  a  letter  from  General  Shirley 
relative  to  a  proposed  expedition  against  Ticonderoga. 
Continuing  the  Governor  said: 

"An  express  which  arrived  here  at  noon  this  day, 
brought  me  a  letter  from  Col.  Dekey,  with  several  affidavits, 
which  I  now  send  you,  as  also  some  other  papers,  by  which 
you  will  find  that  the  enemy  Indians  have  lately  murdered 
several  persons  of  this  Province,  and  that  a  number  of  the 
settlement  Indians  are  come  in  with  their  families,  to  reside 
among  the  inhabitants,  according  to  the  invitation  I  sent 
them  lately.  Although  the  accounts  of  the  enemy  are  very 
uncertain,  it  is  most  probable  they  are  numerous,  by  their 
continuing  so  long  on  the  frontiers.  The  number  of  rangers 
in  the  pay  of  this  Province,  appears  to  me  insufficient  for 
the  protection  of  the  people.  I  have  ordered  the  rangers 
to  be  supported  by  detachments  of  the  militia,  but  as 
neither  pay  or  provisions  is  allowed  them,  they  will  be 
backward  in  going  upon  this  service.  You  will  therefore 
take  this  matter  into  consideration,  and  by  a  timely  and 
more  ample  provision,  avert  those  evils  from  the  people 
of  this  Province,  which  some  of  our  neighbors  have  already 
felt  the  severe  effects  of.a  At  the  same  time,  I  doubt  not, 
you  will  provide  for  the  maintenance  of  those  Indians,  who 
by  coming  into  the  towns,  may  be  rendered  unable  to  sub- 
sist themselves  and  their  families." 

January  13.  The  Governor  sent  the  following  message 
to  both  Houses: 

"  Since  my  message  to  you  on  Saturday  last,  I  have 
received  a  petition  from  the  inhabitants  of  Goshen,  in 


« An   act  which  provided  for  quartering  soldiers  was  passed  at  the  next 
session,  December  31,  1756,  chap.  1031. 
a  See  Note  4. 


590  MESSAGES  FROM  THE  GOVERNOR. 

Orange  County,  setting  forth  the  open  and  defenceless  con- 
dition of  that  part  of  the  Province,  and  the  necessity  of  a 
greater  force  to  protect  them  from  the  ravages  of  the 
enemy,  now  very  near  them;  for  want  of  which,  numbers 
are  daily  moving  off,  and  the  rest,  is  to  be  feared,  may 
soon  follow. 

From  the  situation  of  the  country,  and  the  form  of  the 
settlements,  I  think  the  best,  if  not  the  only  practicable 
method  to  secure  the  people  from  these  incursions,  and  pre- 
vent them  from  deserting  their  habitations,  is  to  build  a 
line  of  block  houses  at  some  distance  from  the  settlements, 
from  a  place  called  Machackamack,  to  the  town  of 
Rochester  in  Ulster  county.  The  length  of  this  line  is 
between  thirty  and  forty  miles,  and  five  or  six  block  houses 
will  answer  the  purpose,  to  be  defended  by  a  garrison  in 
each,  of  twenty  men,  besides  the  sixty  rangers  already  in 
the  pay  of  this  Province.  The  neighboring  Province  of 
New  Jersey  have  fallen  upon  the  like  method  for  their  de- 
fence; and  as  it  appears  to  me  the  most  eligible  of  any 
other,  I  earnestly  recommend  to  you,  to  make  immediate 
provision  for  the  expense  of  carrying  the  same  into  execu- 
tion, that  I  may  issue  the  proper  orders  for  doing  it  without 
delay.  I  send  you  the  petition,  with  a  sketch  of  the  country 
and  settlements,  in  Orange  and  Ulster. 

CHARLES  HARDY." 

January  15.  General  Shirley's  suggestion  relative  to 
Ticonderoga  was  considered  by  the  Assembly,  and  a  report 
was  agreed  to  on  the  13th,  expressing  the  opinion  "  that 
the  number  of  regular  troops  proposed  to  be  employed  in 
the  said  service,  being  only  two  hundred,  is  too  few,"  that 
inexperienced  troops  would  be  unfit  for  such  service,  and 
that  unless  at  least  four  hundred  men  could  be  engaged  in 
the  enterprise  it  could  not  be  undertaken  with  any  hope 
of  success.  The  Assembly  resolution  was  transmitted  to 


SIB  CHAKLES  HAEDY,  1756.  591 

General  Shirley  who  sent  a  reply  to  Governor  Hardy, 
which  was  transmitted  to  the  Assembly,  and  in  which  Gen- 
eral Shirley  said  that  the  only  regular  troops  out  of  which 
he  could  draw  any  picked  men  for  the  proposed  service, 
in  time  for  the  execution  of  it,  were  the  British  troops 
belonging  to  the  regiments  under  the  command  of  Col. 
Dunbar  and  Lieutenant-Colonel  Gage  now  at  Albany  and 
Schenectady,  which  did  not  exceed  six  hundred  in  the  whole, 
and  that  he  was  advised  by  a  Council  of  War  that  four 
hundred  of  those  troops  could  not  then  be  spared. 

Following  this  communication,  the  Assembly  adopted 
another  resolution  reiterating  the  opinion  that  the  proposed 
movement  against  Ticonderoga  could  not  be  safely  under- 
taken with  less  than  four  hundred  regular  troops. 

January  19.  Transmitting  various  papers  relating  to 
the  Crown  Point  expedition.  (See  note  7.) 

January  27.  The  Governor  transmitted  the  following 
message  to  both  Houses : 

"At  a  Council  of  War  held  by  his  Excellency  General 
Shirley,  with  the  Governors  and  field  officers  then  in  this 
city,  to  concert  the  necessary  operations  for  this  year,  to 
remove  the  French  from  their  encroachments,  it  was  judged 
necessary  that  a  body  of  forces  should  be  raised  by  these 
colonies,  by  quotas  from  the  several  governments,  agree- 
able to  the  plan  settled  by  the  Commissioners  at  Albany 
in  1754.  The  proportions  of  men  to  be  raised  in  each  col- 
ony, I  send  you  herewith. 

The  succours  arrived  in  Canada  from  France,  last  year, 
and  the  probability  of  their  being  augmented,  not  only  to 
secure  their  present  encroachments,  but  to  effect  their 
further  designs  on  these  Provinces,  are  considerations 
highly  deserving  our  serious  attention,  and  ought  to  excite 
the  colonies  to  exert  themselves  in  a  vigorous  prosecution 
of  the  measures  agreed  upon;  which  if  carried  into  execu- 
tion in  due  season,  may,  by  the  divine  blessing  on  his 


592  MESSAGES  FKOM  THE  GOVERNOR. 

Majesty's  arms,  lay  a  solid  foundation  for  the  security  of 
his  Majesty's  colonies  on  this  Continent,  against  any  future 
attempts  from  the  French ;  and  be  the  most  effectual  means 
to  gain  the  interest  of  the  far  Nations  of  Indians,  reclaim 
such  as  are  gone  over  to  the  French,  and  fix  the  Six  Nations 
more  firmly  in  the  British  interest. 

This  Province,  from  its  situation  with  respect  to  Canada, 
is  more  immediately  interested  in  the  success  of  this  under- 
taking against  the  common  enemy.  It  behoves  us  then  to 
set  an  example  worthy  of  the  other  governments,  whose 
eyes  will  be  turned  on  our  conduct,  upon  this  important 
occasion. 

I  do  therefore  most  earnestly  recommend  that  you  will 
without  delay,  grant  the  necessary  supplies  for  raising  and 
subsisting,  one  thousand  men,  the  quota  to  be  furnished  by 
this  Province,  that  I  may  without  loss  of  time,  take  the 
proper  measures  for  this  service,  and  acquaint  the  other 
governments  with  your  resolutions,  as  soon  as  possible. 
(See  note  7.) 

CHARLES  HARDY." 

February  3.  Transmitting  a  claim  against  the  colony 
presented  on  behalf  of  the  estate  of  the  late  Governor 
Burnet  for  supplies  furnished  by  him  to  the  garrison  at 
Oswego  in  1728. 

February  13.  Recommending  the  erection  of  a  pest 
house  to  be  used  in  preventing  the  introduction  of  infec- 
tious diseases  into  the  colony.8 

February  16.  Urging  immediate  consummation  of  plans 
for  raising  troops  for  the  intended  expedition  against 
Crown  Point.  (See  note  7.) 


8  A  law  passed  April  1,  1756,  chap.  1010,  revived  and  continued  statutes 
intended  to  prevent  the  spread  of  infectious  diseases,  but  the  new  law  made 
no  provision  for  a  pest  house. 


SIB  CHARLES  HARDY,  1756.  593 

March  2.  The  Governor  sent  the  following  message  to 
both  Houses: 

"  On  Tuesday  last,  about  noon,  a  party  consisting  of 
thirty  or  forty  Indians,  attacked  and  burnt  the  House  of 
Philip  Swartwout,  in  Ulster  County,  murdered  five  of  the 
people,  took  a  woman  prisoner,  and  destroyed  the  cattle, 
and  lately  a  man  was  killed  by  the  Indians  near  Goshen. 
For  your  further  information,  I  send  you  the  papers  con- 
taining this  intelligence.  No  time  should  be  lost  in  pur- 
suing proper  measures  for  putting  a  stop  to  these  incur- 
sions, lest  they  become  general;  and  the  inhabitants,  for 
want  of  a  speedy  and  effectual  assistance,  be  forced  to 
abandon  their  settlements.  The  hopes  of  plunder  may 
induce  other  Indians  not  yet  in  hostility  against  us,  to  join 
the  enemy;  and  it  would  be  increasing  the  misfortune  of 
the  people  exposed  by  their  situation  to  such  barbarities, 
to  throw  upon  them  the  chief  burthen  of  an  expense  which 
ought  to  be  borne  by  the  whole  Province. 

I  therefore  earnestly  recommend  to  you  to  make  pro- 
vision for  supporting  a  sufficient  force  to  drive  off  the 
enemy,  and  pursue  them  even  to  the  places  of  their  resi- 
dence or  retreat,  and  thus  reduce  them  to  the  necessity  of 
desiring  peace.  In  this  measure  there  is  no  room  to  doubt 
New  Jersey  will  readily  join  us,  and  as  soon  as  I  know 
your  resolutions  to  subsist  a  body  of  men  for  this  service 
I  will  transmit  them  to  that  government. 

CHARLES  HARDY." 

The  next  day  the  Assembly  adopted  a  resolution  recom- 
mending that  one  thousand  men  be  raised  in  New  York, 
New  Jersey  and  Pennsylvania  to  be  employed  "  in  an  expe- 
dition against  the  castles  and  settlements  of  the  Indians, 
enemies  to  his  Majesty's  subjects  of  these  colonies,"  and 
agreeing  to  provide  for  New  York's  proper  proportion 
38 


594  MESSAGES  PKOM  THE  GOVERNOR. 

thereof.  Governor  Hardy  said  he  would  transmit  the 
resolution  to  the  governments  of  New  Jersey  and  Penn- 
sylvania.9 

March  4.  Transmitting  letters  from  General  Shirley, 
and  resolutions  of  the  Province  of  Massachusetts  Bay 
relative  to  raising  a  body  of  men  "  for  an  attempt  this 
year  upon  the  French  works  at  or  near  Crown  Point,"  and 
also  a  letter  from  Governor  Fitch  stating  the  number  of 
men  to  be  raised  by  Connecticut.  Continuing  the  Gov- 
ernor said: 

"  Those  two  governments  have  far  exceeded  the  propor- 
tions allotted  them,  in  expectation  that  the  other  Provinces 
concerned  in  the  same  expedition  last  year  would  again 
unite  and  raise  a  sufficient  force  without  relying  upon  the 
southern  governments;  it  being  altogether  uncertain 
whether  they  will  contribute  their  proportions,  and  of  the 
utmost  consequence  that  this  service  should  be  effected 
this  year. 

If  we  neglect  improving  the  present  juncture  to  recover 
his  Majesty's  just  rights,  by  rendering  ourselves  masters 
of  that  important  post,  there  is  little  probability  that  an- 
other so  favorable  will  offer,  as  the  French  will  use  every 
means  to  secure  encroachments,  which  they  had  not  been 
tempted  to  make,  but  from  the  advantages  they  foresaw 
must  arise  to  the  possessor  of  them.  I  therefore  hope  you 
will  cheerfully  determine  to  augment  the  quota  of  men  to 
be  raised  by  this  Province,  in  proportion  to  that  of  the 
eastern  governments,  lest  the  service  may  be  disappointed 
for  the  want  of  it. "  (See  note  7.) 

March  5.  Transmitting  a  letter  from  Colonels  Dekey, 
Ellison  and  Clinton  of  Ulster  and  Orange  counties,  re- 


9  The  expedition  against  the  hostile  Indians  was  provided  for  in  the  fore- 
going act,  chap  1009,  by  which  New  York  was  to  contribute  four  hundred 
towards  the  one  thousand  men  recommended  by  the  Assembly  in  its  resolu- 
tion of  the  3d  of  March. 


SIR  CHARLES  HAEDY,  1756.  595 

specting  the  incursions  made  by  the  Indians  in  those 
counties.  (See  note  9.) 

March  9.  Transmitting  a  letter  from  Governor  Belcher, 
enclosing  a  copy  of  a  vote  of  the  General  Assembly  of  the 
Massachusetts  Bay,  respecting  a  bounty  to  be  allowed  for 
scalps  of  Indians. 

March  15.  Transmitting  papers  relating  to  the  Crown 
Point  expedition.  (See  note  7.) 

March  17.  Transmitting  sundry  papers  relating  to  the 
Crown  Point  and  western  'expeditions.  (See  notes  7 
and  9.) 

March  31.  Recommending  that  provision  be  made  for 
rangers  to  be  employed  on  the  frontiers  of  Ulster  and 
Orange  counties.  (See  note  4.) 

April  29.  The  Assembly  resumed  business  after  an  ad- 
journment which  had  been  taken  on  the  1st  of  April.  The 
Governor  sent  the  following  message  to  both  Houses : 

"  Immediately  after  your  adjournment,  I  issued  war- 
rants for  enlisting  the  number  of  men  to  be  employed  by 
this  government,  in  conjunction  with  the  forces  of  the 
other  colonies,  in  removing  the  French  from  their  encroach- 
ments at  and  near  Crown  Point.  By  the  returns  yet  made 
me,  a  considerable  number  are  wanting  to  complete  the 
levies.  The  time  for  the  Provincial  Armies  assembling  at 
Albany  draws  near,  and  as  there  is  little  prospect  of  rais- 
ing the  quota  of  this  Province,  by  voluntary  enlistment  in 
due  time  for  joining  the  forces  of  the  other  governments, 
without  a  law  is  passed  to  detach  or  impress  the  number 
wanting  from  the  militia,  I  recommend  it  to  you  to  take 
this  matter  into  your  serious  consideration,  and  frame  a 
bill  for  this  purpose,  that  no  time  may  be  lost  in  the  prose- 
cution of  this  service.  The  moneys  granted  for  maintain- 
ing the  troops,  and  not  yet  appropriated,  should  be  applied, 
in  order  to  be  lodged  in  the  hands  of  the  commissaries 
and  paymasters,  as  the  service  shall  require.  (See  note  7.) 


596  MESSAGES  FKOM  THE  GOVEKNOK. 

I  have  deferred  raising  the  forces  to  be  employed  in 
conjunction  with  the  governments  of  New  Jersey  and  Penn- 
sylvania, until  I  received  a  determinate  answer  from  Gov- 
ernor Morris.  Extracts  of  his  letters  to  me  on  this  sub- 
ject, I  now  send  you,  for  your  information,  and  must  re- 
commend it  to  you  to  make  provision  for  the  pay  and  sub- 
sistence of  the  400  men  intended  for  that  service,  that  I 
may  give  the  necessary  orders  for  their  being  raised  to 
join  the  other  forces  destined  for  the  service  against  Crown 
Point,  or,  if  necessary,  to  be  employed  in  the  defence  of  the 
Western  frontier.  (See  note  9.) 

The  number  of  forces  to  be  employed  this  campaign,  the 
reasons  I  have  to>  hope  his  Majesty  will  be  graciously 
pleased  to  assist  his  colonies  with  an  additional  reinforce- 
ment of  troops  from  Great  Britain,  and  the  fleet  to  be  em- 
ployed in  North  America,  will  necessarily  call  for  large 
demands  of  provisions;  the  absolute  necessity  of  prevent- 
ing the  enemies  drawing  supplies  from  the  provision  colon- 
ies, and  the  ordinary  consumption  of  the  Province,  are 
considerations  highly  worthy  your  attention.  I  cannot 
therefore,  but  earnestly  recommend  to  you  to  prepare  a 
bill,  to  prohibit  the  further  exportation  of  provisions.10 

The  great  demand  of  carriages,  horses,  &c.  for  the  trans- 
portation of  provisions  and  stores  from  Albany,  both  north- 
ward and  westward,  makes  it  necessary  to  ascertain  the 
rates  to  be  taken  for  such  services,  and  the  prices  of 
materials,  that  private  persons  may  not  take  advantage 
of  the  public  exigencies.11 

The  militia  of  the  upper  parts  of  the  Province,  particu- 
larly the  counties  of  Albany  and  Dutchess,  have  of  late 
been  frequently  employed  in  long  marches,  and  from  their 


10  The   prohibition   against   the   exportation   of   provisions    and   naval   and 
warlike  stores  was  included  in  acts  passed  May  4th,  chap.  1014,  and  July  9th, 
chap.  1022,  which  revived  and  continued  former  acts  on  the  same  subject. 

11  The  rates  for  impressed  carriages  were  fixed  by  an  act  passed  May  5, 
1756,  chap.  1016. 


SIR  CHARLES  HARDY,  1756.  597 

situation  are  more  liable  to  be  called  upon  than  the  lower 
counties.  The  militia  of  Orange  and  Ulster,  have  also  been 
much  harrassed  this  winter,  in  keeping  constantly  parties 
on  their  frontiers  for  their  defence.  You  must  be  sensible 
that  this  duty  falls  very  unequally  on  individuals,  and  often 
on  those  whose  families'  support  depends  on  their  labor. 
The  readiness  they  have  shown  to  attend  the  several  ser- 
vices, when  called  upon  by  their  officers,  encourages  me  to 
hope  you  will  take  this  matter  into  your  consideration,  and 
make  them  an  allowance  for  their  past  services,  and  a  suit- 
able provision  to  enable  them  to  bear  the  losses  that  must 
attend  their  future  marching  to  any  parts  of  the  frontier 
that  may  require  their  assistance. 

I  have  ordered  several  other  papers  to  be  laid  before  you, 
which  you  will  take  into  your  consideration. 

CHARLES  HARDY." 

May  4.  Transmitting  papers  relating  to  the  distressed 
condition  of  the  garrison  at  Fort  William  Henry  at  Lake 
George.12 

June  29.  The  Governor  sent  the  following  message  to 
both  Houses: 

"  Having  received  a  letter  bearing  date  the  13th  of 
March  last,  from  the  Right  Honorable  Henry  Fox,  one  of 
his  Majesty's  principal  Secretaries  of  State,  I  have  an 
opportunity  to  acquaint  you,  that  his  Majesty  has  been 
pleased  to  appoint  the  Right  Honorable  the  Earl  of  Lou- 
doun,  Commander-in-Chief  of  all  his  Forces  in  North 


12  The  next  day,  May  5th,  the  Assembly  adopted  resolutions  which  recited 
that  the  garrison  at  Fort  William  Henry  "  consisting  of  Connecticut  and 
Massachusetts  forces  was  in  the  most  distressed  circumstances,  and  that 
important  fortress  in  the  utmost  danger  of  being  deserted  and  falling  into 
the  hands  of  the  enemy,  with  all  the  artillery  and  warlike  stores  deposited 
there  for  the  reduction  of  the  French  fort  at  Crown  Point."  Urgent  measures 
were  recommended  for  the  relief  of  the  fort,  and  the  Assembly  pledged  itself 
to  provide  funds  for  this  purpose. 


598  MESSAGES  PKOM  THE  GOVERNOR. 

America;  and  to  order  two  regiments,  (which  are  already 
here)  also  a  train  of  artillery,  and  a  sufficient  quantity  of 
warlike  stores,  for  the  public  service  in  these  parts. 

I  am  commanded  by  his  Majesty  to  signify  to  you  that 
as  it  is  of  the  greatest  importance  that  the  King's  regi- 
ments in  North  America,  as  well  the  three  stationed  in 
Nova  Scotia,  as  those  in  this  Province,  should  be  recruited 
as  soon  as  possible  to  their  full  complement  of  one  thou- 
sand men  each,  it  is  his  Majesty's  pleasure,  that  I  should 
call  you  together  and  press  you;  and  I  do  accordingly 
recommend  to  you  in  the  strongest  manner,  to  make  the 
most  early  and  effectual  provision  for  raising,  and  assist- 
ing his  Majesty's  officers  to  raise,  such  a  number  of  men 
as  shall  be  sufficient  to  recruit  the  King's  regiments  now 
stationed  or  to  be  stationed  in  North  America,  up  to  their 
establishments.  And  his  Majesty,  in  order  to  encourage 
his  faithful  subjects  to  engage  in  a  service  so  essential  for 
their  own  defence  and  preservation,  does  consent  that  such 
recruits  shall  not  be  obliged  to  serve  anywhere  but  in  North 
America;  that  they  shall  be  discharged  when  hostilities 
shall  cease;  and  that  each  of  them  shall  have  a  grant  of 
two  hundred  acres  of  land,  free  from  the  payment  of  quit 
rents,  for  ten  years,  either  in  the  Province  of  New  York, 
New  Hampshire,  or  Nova  Scotia,  at  their  own  choice;  the 
lands  to  be  granted  them  on  producing  their  discharge 
from  the  Commander-in-Chief,  to  the  Governor  of  either  of 
the  said  Provinces  respectively ;  and  in  case  they  should  be 
killed  in  the  said  service,  their  widows  and  children  to  be 
entitled  to  the  said  lands,  in  such  proportion  as  the  Gov- 
ernor and  Council  of  the  Province  wherein  such  lands  lie, 
shall  direct. 

His  Majesty  from  his  tender  concern  so  frequently  shown 
to  these  colonies,  having  in  his  great  goodness,  recom- 
mended their  case  to  the  consideration  of  his  Parliament, 
the  Parliament  have  granted  the  sum  of  £115,000,  to  be 


SIR  CHARLES  HARDY,  1756.  599 

distributed  in  such  proportions  as  the  King  shall  think 
proper,  to  the  four  Provinces  of  New  England,  this  Pro- 
vince, and  New  Jersey,  and  thereby  Enabled  his  Majesty 
not  only  to  manifest  his  sense  of  their  past  services,  but 
also  to  encourage  them  for  the  future  to  exert  themselves 
in  the  service  with  spirit  and  vigor.  His  Majesty  therefore 
expects  that  his  colonies  will  heartily  and  zealously  concur 
in  every  measure  which  shall  be  thought  advisable  for  car- 
rying on  the  war  in  North  America ;  and  that  they  will  raise 
the  same  number  of  men  in  each  colony  as  were  raised  last 
year,  (whereof  as  great  a  proportion  as  may  be,  to  consist 
of  rangers)  to  act  in  conjunction  with  the  King's  troops,  in 
such  operations  as  shall  be  undertaken  for  annoying  the 
enemy,  and  recovering  his  Majesty's  just  rights;  and  to  be 
ready  to  march  to  such  place  as  the  Commander-in-Chief 
shall  direct.  This  service  will  be  the  less  burthens ome  to 
the  colonies,  as  the  raising  of  the  men,  their  pay,  arms 
and  clothing,  will  be  all  that  will  be  required  of  them, 
measures  having  been  already  taken  for  laying  up  maga- 
zines of  stores,  and  provisions  of  all  kinds,  at  the  sole  ex- 
pense of  the  Crown.13 

It  is  also  his  Majesty's  pleasure  that  I  should  particu- 
larly recommend  it  to  you,  to  make  provision  out  of  such 
funds  as  already  exist,  or  may  hereafter  be  raised  for  the 
King's  service,  for  repaying  the  masters  of  such  indented 
servants  as  shall  engage  in  his  Majesty's  service,  the 


13  On  the  2d  of  July,  the  Assembly  adopted  a  long  report  presented  by  a 
committee  of  the  whole,  including  military  operations  and  other  subjects, 
and  in  which,  after  referring  to  the  heavy  expense  already  paid  or  incurred 
in  carrying  on  the  war,  the  opinion  was  expressed  that  the  colony  had 
"  stretched  its  strength  and  substance  to  the  greatest  pitch,"  and  that  addi- 
tional burdens  ought  not  then  to  be  assumed.  Referring  to  a  resolution  of 
the  Assembly  adopted  March  28,  1755,  the  report  says  that  "when  a  common 
fund  shall  be  established  for  the  general  uses  of  American  affairs,  by  his 
Majesty's  other  colonies  on  the  Continent,  this  colony  ought  then  to  continue 
to  contribute  its  just  share  towards  such  fund."  Contributions  had  already 
been  made  by  New  York  in  aid  of  other  colonies. 


600  MESSAGES  FROM  THE  GOVERNOR. 

money  paid  by  the  said  masters  upon  the  original  contract, 
in  proportion  to  the  time  such  indented  servants  have  to 
serve.14 

His  Majesty  also  expects  that  the  funds  now  raised  and 
appropriated,  or  which  shall  be  raised  for  the  public  serv- 
ice, be  issued  and  applied  to  the  general  service,  in  such 
manner  as  the  Commander-in-Chief  shall  direct. 

I  have  likewise  his  Majesty's  commands  to  recommend 
to  you  to  pass  effectual  laws  for  prohibiting  all  trade  and 
commerce  with  the  French,  and  for  preventing  the  exporta- 
tion of  provisions  of  all  kinds,  to  any  of  their  islands  or 
colonies.  (See  note  10.) 

The  provision  you  have  already  made  for  the  raising 
and  subsisting  a  larger  body  of  forces  than  were  raised  by 
this  colony  for  the  service  last  year,  is  a  proof  of  your 
attention  to  the  welfare  of  these  colonies,  and  the  danger 
they  lie  exposed  to  from  an  active,  vigilant,  and  enter- 
prising enemy,  which  cannot  fail  of  meeting  with  his  Maj- 
esty's favorable  acceptance.  And  from  these  fresh  and 
repeated  instances  of  his  Majesty's  affectionate  regard  for 
the  safety  of  his  American  subjects,  I  make  no  doubt  the 
other  matters,  which,  in  obedience  to  his  commands,  I  now 
earnestly  recommend  to  you  to  provide  for,  will  have  their 
due  weight  in  the  course  of  your  deliberations,  and  that  you 
will  do  everything  therein  which  may  be  expected  from  a 
dutiful,  loyal  and  grateful  people. 

CHAELES  HARDY." 

July  6.  The  Governor  sent  the  following  message  to 
both  Houses: 

"  The  Eight  Honorable  the  Lords  Commissioners  for 
Trade  and  Plantations,  by  their  letter  of  the  20th  of  March 


14  By  a  resolution  adopted  on  the  2d  of  July,  the  Assembly  agreed  to  provide 
for  the  reimbursement  of  masters  whose  contracts  of  apprenticeship  might 
be  affected  by  the  enlistment  of  resident  servants  in  the  King's  troops,  accord- 
ing to  the  time  they  might  have  to  serve. 


SIB  CHARLES  HARDY,  1756.  601 

last,  having  signified  to  me,  that  it  appearing  to  them  upon 
consideration  of  the  present  state  of  Indian  affairs,  that 
the  extravagant  tracts  of  land  which  haVe  at  different  times 
been  granted  to  particular  persons,  upon  pretence  of  pur- 
chases made  of  the  Six  Nations,  (which  they  allege  to  have 
been  fraudulently  obtained  from  them)  has  been  one  of  the 
principal  causes  of  the  decline  of  our  interest  with  the  said 
nations ;  and  that  they  cannot  be  induced  to  engage  heartily 
and  sincerely  in  the  just  and  necessary  measures  which  his 
Majesty  is  compelled  to  take  for  the  recovery  of  his  un- 
doubted rights  in  America,  until  they  have  received  full 
satisfaction,  with  respect  to  this  real  grievance,  which  they 
have  so  often  and  so  strongly  complained  of.  I  am  di- 
rected by  their  Lordships,  to  lay  this  matter  before  you 
for  your  consideration. 

The  patents  or  grants  which  the  Indians  principally  com- 
plain of,  and  which  they  consider  as  most  injurious  to  their 
rights,  are  those  commonly  called  Kayoderosseras,  Conno- 
johary,  and  that  at  the  Oneida  Carrying  Place,  commonly 
called  Oriskene ;  and  if  proper  measures  are  taken  to  vacate 
and  annul  them,  there  will  be  little  reason  to  doubt  but  that 
the  Six  Nations  will  act  in  conjunction  with  us  against  the 
French,  with  their  whole  united  strength. 

As  the  most  effectual  remedy  for  this  great  evil  must  be 
the  interposition  of  the  Legislature,  in  passing  a  law  for 
vacating  and  annulling  these  exorbitant  and  fraudulent 
patents;  a  measure  in  which  I  cannot  doubt  of  your  con- 
currence, as  it  will  be  so  much  for  his  Majesty's  service, 
for  the  honor  and  interest  of  the  Province,  and  for  the 
advantage,  welfare  and  security  of  your  constituents ;  I 
therefore  earnestly  recommend  it  to  your  serious  consider- 
ation. 

I  send  you  for  your  information  copies  of  several  con- 
ferences with  the  Indians,  on  this  subject. 

CHARLES  HARDY." 


602  MESSAGES  FROM  THE  GOVERNOR. 

July  6.  Recommending  that  more  funds  be  appropriated 
for  the  use  of  the  commissaries;  and  also  recommending 
the  erection  of  additional  barracks  at  Albany  and  Schenec- 
tady  and  at  other  places  as  might  be  needed  for  the  accom- 
modation of  the  troops. 

July  9.  The  Assembly  was  prorogued  to  the  17th  of 
August. 


1756.     SEPTEMBER.    TWENTY-SEVENTH  ASSEMBLY,  EIGHTH 

SESSION. 

Sir  CHARLES  HARDY,  Governor. 


A  quorum  appeared  September  23,  and  the  next  day  the 
Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Having  during  your  recess  received  information  that  the 
enemy  had  made  themselves  masters  of  Oswego,  a  post  of 
the  highest  consequence  to  all  these  colonies,  as  it  not  only 
covered  the  Six  Nations  of  Indians  from  the  attempts  of 
the  French  on  that  side,  but  by  opening  and  keeping  up 
an  intercourse  between  the  English  and  those  nations  and 
their  allies,  may  be  said  to  have  been  the  source  of  the 
British  influence  among  them,  I  thought  it  proper  to  call 
you  together  at  this  time  that  you  might  be  ready  to  pro- 
vide for  any  emergency  that  should  arise  upon  this  event. 

His  Majesty,  called  upon  by  the  repeated  unwarrantable 
encroachments  of  the  French  on  his  territories,  particularly 
in  America,  and  the  hostile  invasion  of  the  island  of  Min- 
orca, hath  at  length  been  compelled  to  declare  war  against 
the  French  King,  relying  on  the  help  of  Almighty  God  in 
so  just  an  undertaking,  and  the  hearty  concurrence  of  his 
subjects  in  so  good  a  cause.  At  this  important  juncture,  I 


SIR  CHARLES  HARDY,  1756.  603 

cannot  but  congratulate  you  on  the  arrival  of  the  Bight 
Honorable  the  Earl  of  Loudoun,  whom  his  Majesty  hath 
been  pleased  to  appoint  to  the  chief  Command  of  all  his 
forces  in  North  America ;  from  whose  experience  and  abili- 
ties in  military  affairs  we  may  expect  the  most  effectual 
and  vigorous  measures  will  be  taken  for  the  defence  of 
these  colonies  and  distressing  the  enemy.  And  I  shall  rely 
on  you  to  enable  me  from  time  to  time  to  give  him  that 
assistance  which  the  exigency  of  affairs  may  require. 

Upon  any  sudden  emergency,  the  earliest  and  speediest 
assistance  that  can  be  given  is  by  the  militia  of  Albany,  and 
the  counties  adjacent,  and  it  being  uncertain  upon  the  first 
intelligence  of  the  loss  of  Oswego  how  far  the  enemy  might 
endeavor  to  penetrate  into  this  Province,  his  Lordship 
called  upon  Sir  William  Johnson,  who  commands  the 
militia  at  Albany,  for  his  aid,  who  agreeable  to  the  standing 
orders  he  has  from  me,  directed  500  out  of  each  of  the  bat- 
talions to  march  and  join  him  at  the  German  Flatts  to  co- 
operate with  his  Majesty's  forces  in  the  defence  of  that 
part  of  the  country,  the  greater  number  whereof  did  ac- 
cordingly march,  but  were  very  unwilling  to  stay,  com- 
plaining of  the  hardship  of  their  being  kept  on  service 
without  any  allowance.  I  must  therefore  recommend  to 
you  to  make  immediate  provision  for  a  reasonable  com- 
pensation to  them  when  thus  employed,  that  they  may  be 
ready  to  march  on*  all  occasions  with  alacrity.1 

I  have  his  Majesty's  commands  by  letter  from  one  of  his 
principal  Secretaries  of  State  of  the  18th  of  June  last,  to 
receive  such  French  prisoners  as  the  commanders  of  any 
of  his  Majesty's  ships  shall  apply  to  me  to  set  on  shore  in 
this  government,  and  I  recommend  to  you  to  make  pro- 


1  September  25th  the  Assembly  passed  a  resolution  recommending  an  extra 
allowance  for  militia  employed  in  the  service  on  the  northern  frontiers.  An 
appropriation  act  passed  December  1st,  chap.  1033,  contained  allowances  for 
this  service. 


604  MESSAGES  FEOM(  THE  GOVERNOR. 

vision  for  such  prisoners,  as  also  for  those  that  are  or  may 
be  brought  in  by  private  ships  of  war.2 

As  the  troops  which  his  Majesty  hath  been  pleased  to 
order  for  the  defence  of  his  colonies  may  occasionally  pass 
through  this  Province,  an  early  provision  should  be  made 
for  quartering  them  conveniently  until  they  take  the  field.3 

I  have  received  and  paid  over  to  the  Treasurer  the  sum 
of  £14,323.15.3  sterling,  the  balance  of  the  £15,000  allotted 
by  his  Majesty  to  this  Province  out  of  the  grant  of  £115,- 
000  made  by  Parliament  to  be  distributed  to  the  colonies  of 
New  England,  New  York  and  New  Jersey  as  a  free  gift 
and  reward  for  their  past  services,  and  an  encouragement 
to  them  to  continue  to  exert  themselves  with  vigor  in  the 
defence  of  his  Majesty's  just  rights  and  possessions;  and 


2  The  Assembly  in   its   address   of   September   30th  protested   against  the 
policy  of  colonial  maintenance  of  French  prisoners,  and  hoped  the  Governor 
would   disperse   or    send  them   away,   not    only  to    relieve   the    colony    from 
the  burden  of  their  subsistence,  but  also  because  such  prisoners  might  become 
too  well  acquainted  with  the  state  of  the  colony.     The  Governor  in  his  reply 
to  this  address  assured  the  Assembly  that  he  would  take  such  measures  as 
would  be  practicable  for  the  relief  of  the  colony,  but  that  in  the  meantime 
it  would  be  necessary  to  provide  for  the  maintenance  of  such  prisoners.     The 
Assembly  assented  to  this  suggestion,  and  adopted  a  resolution  on  the  30th 
of    September    to    provide    for    the    transportation    and    subsistence    of    the 
prisoners. 

3  An   act   for    quartering   soldiers   was   passed    December    1st,    chap.    1031, 
which  provided  that  when  any  of  the  King's   troops   should   march   into  or 
through  the  Province,  certain  designated  local  officers  should  have  authority 
to  quarter  or  billet  them  in  the  "  inns,  livery  stables,  ale  houses,  victualling 
houses,  and  all   houses  selling  rum,  brandy,   cider,  or  any  other  spirituous 
liquors  by  retail  to  be  drank  in  said  houses,"  and  if  these  places  were  not 
sufficient,  then  the  troops  might  be  billeted  in  private  houses,  but  not  more 
than  four  men  could  be  billeted  in  any  one  house,  without  the  consent  of 
ite  master.     The  magistrates   were  to   fix  the   rates  to  be  allowed   for  the 
subsistence  of  the  troops  while  so  billeted,  and  the  officers  in  command  were 
to  be  responsible  for  the  payment  of  these   rates.     Masters  of  houses  were 
subject  to  penalties  for  refusing  to  accept  soldiers  so  billeted.     Troops  could 
not  be  billeted  in  New  York,  Albany,   or  Schenectady   unless  the  barracks 
therein  were  insufficient.     The  wife,  child,  or  maid   servant  of  an  officer  6r 
soldier  could  not  be  billeted  without  the  consent  of  the  master  of  the  house. 


SIR  CHARLES  HARDY,  1756.  605 

agreeable  to  the  King's  warrant  now  laid  before  you  (with 
the  other  papers  sent  therewith)  the  Treasurer  hath  given 
sufficient  security  for  the  safe  custody  of  the  money  until 
it  shall  be  disposed  of  for  the  public  service  by  an  act  of  the 
legislature.  You  will  therefore  consider  in  what  manner 
this  his  Majesty's  bounty  may  be  best  applied  to  answer 
the  intention  of  the  gift. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — In  my  speech 
of  the  3d  of  December  last,  I  did,  in  obedience  to  his  Maj- 
esty's commands,  recommend  the  passing  of  a  proper  law 
for  settling  a  permanent  revenue  upon  a  solid  foundation 
for  defraying  the  necessary  and  established  charges  of 
government;  that  such  law  should  be  indefinite,  and  that 
provision  should  be  made  therein  for  competent  salaries 
to  the  Captains  General,  and  likewise  the  judges,  justices 
and  other  necessary  and  usual  officers  of  government; 
which,  with  your  address  to  me  in  answer  thereto,  I  trans- 
mitted to  the  Right  Honorable  the  Lords  Commissioners 
for  Trade  and  Plantations,  and  which  their  Lordships  in 
their  letter  to  me  of  the  4th  of  March  last,  inform  me  they 
had  laid  before  his  Majesty,  and  that  they  had  received  his 
Majesty's  commands  to  signify  to  me  that  as  the  present 
Assembly  does  not  appear  to  be  desirous  of  reviving  the 
claims  and  pretensions  of  former  Assemblies,  and  have  de- 
clared that  they  do  not  mean  to  take  upon  them  the  execu- 
tive power  of  government,  belonging  of  right  to  his  Maj- 
esty's governor,  and  that  as  I  had  represented  that  they 
were  well  inclined  to  concur  in  every  other  measure  which 
might  be  proposed  for  his  Majesty's  service,  his  Majesty 
is  pleased,  in  consideration  thereof,  to  allow  and  permit 
me  to  assent  to  such  temporary  bills  as  the  Assembly  shall 
from  time  to  time  frame  and  pass  for  the  support  of  gov- 
ernment, provided  they  are  in  all  other  respects  conform- 
able to  his  Majesty's  instructions  to  me  with  regard  to  the 
granting  and  disposing  of  public  money.  You  will  there- 


606  MESSAGES  FROM  THE  GOVERNOR. 

fore  proceed  to  the  framing  and  passing  a  bill  for  this  pur- 
pose, previous  to  any  other,  conformable  to  his  Majesty's 
pleasure.4  And  here  I  cannot  avoid  observing  to  you  how 
inadequate  the  salaries  of  his  Majesty's  Governor  and  the 
other  officers  of  government  are  to  their  services  arising 
from  the  difference  in  the  present  value  of  the  currency, 
compared  to  what  it  was  formerly. 

I  must  desire  you,  Gentlemen,  to  provide  for  the  other 
services  recommended.  And  as  in  time  of  war  the  exigen- 
cies of  government  greatly  increase  the  public  charge,  it 
may  be  difficult  to  support  the  credit  of  our  paper  currency, 
unless  new  funds  are  established,  and  the  growing  income 
thereof  applied  to  the  canceling  the  bills  already  made  cur- 
rent, and  what  may  be  necessary  to  be  struck  on  any  future 
emergency.  I  therefore  earnestly  recommend  it  to  you  to 
fall  upon  such  as  will  be  least  burthensome  to  the  people: 
a  stamp  duty,  an  excise  upon  tea,  a  poll  tax  on  negroes, 
and  such  others  as  the  inhabitants  can  bear  with  least  in- 
convenience.5 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  passing  a  law  for  vacating  and  annulling  those 
grants  of  land  which  I  recommended  to  you  in  your  last 
session  is  become  more  necessary  now  than  ever,  as  your 
attention  to  that  matter  will  be  a  convincing  proof  to  the 
Indians  of  your  readiness  to  listen  to  their  complaints,  and 
give  them  redress,  and  cannot  fail  of  having  this  good 
effect  of  holding  and  attaching  them  more  firmly  to  the 


4  The  home  government  here  yields  to  the  Assembly's  peristent  assertion 
of  the  policy  of   annual  appropriations,   which  had  been  a   subject  of   con- 
troversy through  several   administrations.     The  general  act  for  the  support 
of  government  was  passed  December  1st,  chap.  1037,  which  was  to  continue 
in  force  through  the  calendar  year  1757. 

5  An  act  continuing  in  currency  the  bills  of  credit  was  passed  December  1st, 
chap.  1036.     By  an  act  passed  December  1st,  chap.  1029,  certain  public  docu- 
ments,  papers,    and   legal   proceedings,   and   various   commercial   and   private 
transactions  were  required  to  be  stamped.     An  excise  or  tariff  on  imported 
tea  was  imposed  by  an  act  passed  December  1st,  chap.  1028. 


SIB  CHARLES  HARDY,  1756.  607 

British  interest  at  this  critical  juncture  when  their  service 
may  be  of  great  use. 

Unanimity  and  dispatch  in  all  our  public  measures  are 
never  more  desirable  than  while  we  are  contending  with  an 
active  and  powerful  enemy.  The  present  posture  of  affairs 
requires  the  most  animated  resolutions,  and  I  trust  I  shall 
find  in  you  such  as  will  place  you  in  the  most  deserving 
light  to  your  King  and  country. 

CHAS.  HAKDY. 

Fort  George,  New  York, 
24th  September,  1756. 

SPECIAL  MESSAGES. 

September  27.     Thanking  the  Council  for  its  address. 

September  30.  Thanking  the  Assembly  for  its  address, 
the  Governor  said  it  had  the  satisfaction  of  seeing  its  con- 
duct approved  by  the  King  and  Parliament,  and  *  *  with  it 
a  generous  donation." 

October  28.  Presenting  and  recommending  the  payment 
of  accounts  for  the  maintenance  of  the  French  neutrals 
brought  from  Nova  Scotia  in  May  last,  and  settled  in  this 
Province;  of  provisions  for  several  detachments  made 
from  the  militia  of  Ulster,  for  the  defence  of  the  Western 
frontier;  of  provisions  and  necessaries  furnished  to  the 
river  Indians,  who  came  into  the  settlements  upon  the  Gov- 
ernor's proclamation  of  the  27th  of  December,  1755,  and 
have  since  been  removed  to  the  Mohawk  castles;  and  of 
the  charge  of  erecting  places  of  shelter  at  the  beacons.  The 
Governor  also  recommended  an  allowance  for  the  compen- 
sation of  watchmen  at  the  beacons.6 

November  4.    Recommending  that  provision  be  made  for 


« An  act,  chap.  1033,  passed  December  1st,  included  appropriations  for  the 
subsistence  of  French  neutrals,  for  detachments  of  militia  for  the  defence 
of  the  western  frontier,  for  the  subsistence  of  friendly  Indians,  and  for  watch 
houses  at  the  beacons  at  Rockaway  and  the  Narrows. 


608  MESSAGES  FROM  THE  GOVERNOR. 

the  pay  and  subsistence  of  the  troops  while  in  quarters  dur- 
ing the  coming  winter.7 

November  12.  Transmitting  the  accounts  of  the  commis- 
saries on  the  last  expedition  against  Crown  Point.8 

November  15.  The  Governor  sent  the  following  message 
to  both  Houses : 

' '  His  Excellency  the  Earl  of  Loudoun  having  demanded 
quarters  in  this  city  for  a  battalion  of  the  royal  American 
regiment,  and  his  Lordship  having  informed  me  they  were 
soon  to  embark  from  Albany,  and  part  of  them  are  already 
arrived,  and  are  now  encamped,  I  have  ordered  the  bar- 
racks to  be  prepared,  and  the  Blockhouses  to  be  fitted  up, 
for  the  reception  of  as  many  men  as  can  be  quartered 
therein;  but  as  the  whole  number  cannot  be  thus  disposed 
of,  it  is  necessary  that  provision  be  made  for  the  remainder. 
(See  note  3.) 

The  troops  in  the  barracks  and  blockhouses  must  be  pro- 
vided with  fire,  candle  lights,  and  beds ;  articles  of  expense 
included  in  that  of  quarters.9 

I  do  therefore  recommend  to  you  to  make  immediate  pro- 
vision for  these  necessary  services,  that  his  Majesty's 
troops  may  suffer  no  inconvenience  for  want  of  quarters. 

CHARLES  HARDY." 

November  16.  Transmitting  an  account  presented  by 
Dr.  Peter  Gansevoort  for  the  care  of  two  French 
prisoners.10 

December  1.  The  Assembly  was  prorogued  until  the  llth 
day  of  January. 


1  The  act  making  appropriations  for  military  services,  passed  December  1st, 
chap.  1033,  made  provision  for  army  expenses  during  the  coming  winter. 

8  See  the  army  act,  chap.  1033,  for  various  items. 

» Provision  for  fire  wood  and  candles  for  the  garrison  at  New  York  was 
made  by  an  act  passed  December  1st,  chap.  1035. 

10  The  army  act,  chap.  1033,  contained  an  appropriation  to  pay  the  claim 
of  Dr.  Peter  Gansevoort  for  subsistence  of  French  prisoners. 


1757.    FEBRUARY.    TWENTY-SEVENTH  ASSEMBLY,  NINTH  SESSION. 


Sir  CHARLES  HARDY,  Governor;    JAMES  DE  LANCEY, 

Lieutenant-Governor,  and  Acting  Governor  from 

June  3,  1757. 

The  Assembly  met  again  on  the  16th  of  February,  and 
the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL,  AND  GENERAL  ASSEMBLY. — 
I  cannot  open  this  session  without  acquainting  you  that 
his  Majesty  has  ordered  a  reinforcement  of  his  troops  to 
North  America,  many  of  whom  are  landed  in  this  Province 
and  some  in  the  neighboring  colonies.  This  fresh  instance 
of  his  Majesty's  concern  for  these  colonies  will,  I  doubt  not, 
excite  suitable  dispositions  in  all  his  American  subjects, 
and  lead  them  cheerfully  to  grant  that  aid  which  it  is  so  ap- 
parently their  own  interest  to  contribute  towards  distress- 
ing the  common  enemy. 

The  Right  Honorable  the  Earl  of  Loudoun,  hath  in- 
formed me  by  letter  of  the  31st  ultimo,  from  Boston,  that 
he  demanded  a  number  of  men  of  the  four  New  England 
governments  to  act  in  conjunction  with  his  Majesty's  regu- 
lar forces,  and  that  he  has  no  reason  to  doubt  their  agreeing 
to  it.  The  ineffectualness  of  our  measures  the  last  year,  and 
the  advances  the  enemy  have  made  upon  us,  evince  the 
necessity  of  a  vigorous  assistance  on  our  part,  and  from  the 
proofs  I  have  had  of  your  affection  to  his  Majesty,  and  of 
your  zeal  for  the  support  of  the  common  cause,  I  persuade 
myself  you  will  not  fail  to  furnish  the  quota  of  men  de- 
manded of  you,  and  thus  strengthen  the  hopes  of  success 
we  may  reasonably  conceive  from  an  able  and  experienced 
direction  of  his  Majesty's  forces,  attended  with  the  divine 
blessing  on  his  arms.  The  season  requires  that  no  time  be 
39 


610  MESSAGES  FROM  THE  GOVERNOR. 

lost,  and  I  must  press  you  to  be  early  in  your  resolutions 
that  I  may  give  the  necessary  orders  as  soon  as  possible.1 

Soon  after  my  coming  to  the  government,  I  recommended 
a  provision  to  be  made  for  defraying  the  expense  of  his 
Majesty's  commissions  for  .determining  the  controversies 
with  New  Jersey  and  Massachusetts  Bay  concerning  their 
boundaries,  the  unsettled  state  of  which  hath  already  been 
productive  of  much  mischief,  and  is  an  evil  daily  increasing, 
a  recent  instance  of  which  I  am  informed  happened  in  the 
Manor  of  Livingston,  where  a  number  of  riotous  persons 
were  assembled  together,  and  in  opposing  the  sheriff  in 
the  execution  of  his  office,  killed  a  poor  man  whom  the 
sheriff  had  called  to  his  assistance.  As  no  such  provision 
has  yet  been  made,  and  the  Eight  Honorable  the  Lords 
Commissioners  for  Trade  and  Plantations  are  of  opinion 
that  the  only  proper  and  effectual  method  of  determining 
these  disputes  will  be  by  a  commission  in  the  nature  of  that 
upon  which  the  limits  between  the  Massachusetts  Bay  and 
New  Hampshire  were  settled,  and  I  have  their  Lordships 
repeated  directions  to  recommend  it  again  to  your  con- 
sideration, and  to  acquaint  you  that  as  this  is  a  matter  of 
high  concernment  to  the  peace  and  quiet  of  government, 
and  the  lives  and  properties  of  his  Majesty's  subjects,  his 
Majesty  does  expect  that  you  will  forthwith  make  a  pro- 
vision for  the  expense  of  such  commissions,  that  there  may 
be  no  further  delay  in  a  matter  of  so  great  importance. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — I  earnestly  re- 
commend to  you  to  consider  of  the  most  effectual  and  speedy 
methods  for  raising  the  supplies  for  these  necessary  ser- 
vices. I  have  ordered  estimates  to  be  laid  before  you  of 
the  expense  of  supporting  the  quota  of  men  for  this  Pro- 


1  An  act  passed  February  26,  1757,  chap.  1040,  authorized  the  enlistment 
of  two  hundred  men,  and  of  additional  men  to  fill  up  eight  existing  com- 
panies. The  Lieutenant-Governor  was  authorized  to  detach  militia  for  this 
purpose  if  there  should  not  be  a  sufficient  number  of  volunteers. 


SIB  CHARLES  HARDY,  1757.  611 

vince  and  the  necessaries  wanting  to  equip  them  for  taking 
the  field.2  , 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
In  my  speech  to  you  of  the  24th  of  September  last,  I  re- 
peated the  necessity  of  the  legislature's  interposing  in  the 
case  of  those  exorbitant  grants  of  lands  complained  of  by 
the  Indians  as  fraudulent.  I  cannot  avoid  mentioning  this 
again  to  you,  and  recommending  it  to  your  consideration, 
the  passing  a  law  for  vacating  and  annulling  such  grants 
appearing  to  me  not  only  a  just  and  necessary  measure,  as 
by  redressing  this  real  grievance  of  those  people,  we  may 
give  a  happy  turn  to  our  negotiations  with  them,  and  induce 
them  to  throw  in  their  whole  weight  to  our  assistance. 

These  are  the  principal  matters  I  have  to  lay  before  you 
for  your  present  consideration,  and  I  hope  you  will  proceed 
on  them  with  unanimity  and  dispatch. 

CHAS.  HARDY. 

Flatbush,  Kings  County 
16th  February,  1757. 

SPECIAL  MESSAGES. 

February  17.  The  Council  presented  an  address  to  the 
Governor  which  contained  the  following  observations  con- 
cerning the  disputed  boundary  line  between  New  York, 
New  Jersey  and  Massachusetts: 

"  The  evils  daily  felt  by  the  borderers  of  this  Province 
towards  New  Jersey,  and  the  Massachusetts  Bay,  amidst 
such  various  claims  of  limits,  show  the  expediency  and 
utility  of  an  application  to  his  Majesty  to  have  these  dis- 
putes finally  adjusted.  But  as  new  disorders  may  arise 
before  such  settlement  can  be  effected,  even  in  the  regular 
and  legal  course  pointed  out  in  your  Excellency's  speech, 
we  humbly  hope  your  Excellency  will  present  to  the  Eight 


2  Provision   for  the  maintenance   of  the  military  establishment  was  made 
by  an  act  passed  February  26,  1757,  chap.  1039. 


612  MESSAGES  FROM  THE  GOVERNOR. 

Honorable  the  Lords  Commissioners  for  Trade  and  Planta- 
tions, the  necessity  of  his  Majesty's  immediate  interposi- 
tion, by  fixing  temporary  lines  until  a  final  settlement,  to 
prevent  those  mischiefs  which  we  fear  will  otherwise  befall 
many  of  his  Majesty's  good  subjects.  Such  a  line,  very  ad- 
vantageous to  the  Province  of  the  Massachusetts  Bay,  was 
offered  to  their  Commissioners  at  Albany  in  1754,  by  which 
this  Province,  merely  for  the  sake  of  present  peace,  yielded 
two  thirds  of  a  tract  of  land  granted  now  about  fifty  years 
ago.  As  to  the  late  instance  of  a  person  killed  in  assisting 
the  sheriff  executing  a  legal  process,  we  cannot  avoid 
observing  to  your  Excellency  that  the  Manor  of  Livingston, 
where  it  happened,  is  held  by  a  grant  more  ancient  than  the 
charter  to  the  Massachusetts  Bay  now  in  force.  And  we 
apprehend  that  all  the  late  disorders  on  that  side  have 
arisen  from  the  unwarrantable  and  unreasonable  claim  of 
that  Government,  in  extending  their  limits  or  charter 
through  a  principal  part  of  this  Province  to  the  South  Sea." 

The  Governor,  thanking  the  Council  for  its  address,  said 
he  had  been  so  sensible  of  the  evils  arising  from  unsettled 
disputes  that  he  had  presented  the  matter  to  the  Lords  of 
Trade,  and  that  he  would  use  his  best  endeavors  to  "put 
an  end  to  those  mischiefs  which  so  frequently  happen  on 
our  borders." 

February  18.  Informing  the  Assembly  that  he  had  re- 
ceived a  letter  from  the  Earl  of  Loudoun,  stating  that  the 
eastern  governments  had  agreed  to  furnish  the  number  of 
men  demanded  of  them,  and  suggesting  that  the  New  York 
men  be  organized  into  companies  of  one  hundred  each 
with  one  officer  to  command  the  whole,  and  recommending 
that  the  officers  be  allowed  increased  pay  because  of 
increased  duties  incident  to  the  new  organization,  whicli 
recommendation  the  Governor  submitted  to  the  Assembly 
for  its  consideration.  (See  note  1.) 

February  19.     Thanking  the  Assembly  for  its  address, 


JAMES  DELANCEY,  1757.  613 

the  Governor  expressed  his  concurrence  with  the  Assem- 
bly's opinion  in  favor  of  township  settlements  on  the 
frontiers.  He  thought  the  Assembly  should  make  provision 
for  the  expense  of  settling  boundary  disputes. 

February  24.  Transmitting  a  memorial  presented  by 
General  Winslow  praying  for  the  pay  of  himself  and  other 
staff  officers  on  the  last  expedition  against  Crown  Point; 
also  a  like  petition  from  the  second  regiment  of  Ulster 
County  for  services  on  the  western  frontier. 

February  26.  The  Assembly  was  adjourned  to  March 
29,  but  did  not  again  meet  for  the  transaction  of  business 
until  the  first  day  of  September. 

GOVEENOE  HAEDY  EESIGNS. 

On  the  2d  of  August,  1756,  Governor  Hardy,  in  a  letter 
to  the  Lords  of  Trade  (Col.  Doc.  vol.  7,  p.  122),  requested 
permission  to  resign  the  office  of  Governor  of  New  York 
in  order  to  re-enter  the  naval  service.  March  10,  1757,  the 
King's  permission  was  transmitted  to  Governor  Hardy. 
(Col.  Doc.,  vol.  7,  p.  220.)  On  the  2d  of  June,  he  delivered 
his  commission  and  the  seals  of  office  to  Lieutenant-Gov- 
ernor  De  Lancey,  and  the  next  day  the  Lieutenant-Governor 
took  the  oath,  and  again  assumed  the  duties  of  the  execu- 
tive office. 

September  2.  Lieutenant-Governor  De  Lancey  sent  to 
both  Houses  the  following 

MESSAGE. 

' '  His  Majesty  having  been  pleased  to  prefer  his  Ex- 
cellency Sir  Charles  Hardy,  to  the  rank  of  Eear  Admiral 
in  his  fleet,  and  having  permitted  and  allowed  him  to  resign 
this  government  agreeable  to  his  own  request,  on  his  de- 
parture the  administration  devolved  on  me  as  Lieutenant- 
Governor  of  this  Province ;  soon  after  which  apprehending 
a  visit  from  the  enemy  on  our  Northern  Frontier,  I  thought 


614  MESSAGES  FROM  THE  GOVERNOR. 

it  necessary  to  take  all  the  measures  in  my  power  to 
strengthen  General  Webb ;  and  for  this  purpose  I  sent  out 
my  orders  to  the  Colonels  of  the  militia  of  Albany, 
Dutchess,  Ulster,  and  that  part  of  Orange  County  above 
the  mountains,  to  march  with  their  regiments  to  the  assist- 
ance of  General  Webb,  upon  his  requisition,  and  to  obey 
his  orders,  of  which  I  gave  him  notice  by  letter. 

In  the  night  of  the  3d  of  August  last,  I  received  a  letter 
from  General  Webb,  of  the  30th  of  July,  advising  me  that 
the  enemy  were  within  twelve  miles  of  Fort  William 
Henry ;  that  he  should  immediately  call  in  the  troops  at  the 
different  posts  on  Hudson's  River,  and  give  orders  for  the 
militia  of  the  counties  to  march,  and  desiring  my  presence 
at  Albany  to  forward  them.  I  set  out  for  that  place  on 
the  5th,  which  was  as  soon  as  I  possibly  could,  and  arrived 
there  the  9th;  on  the  10th  I  had  advice  of  the  surrender 
of  Fort  Willliam  Henry ;  and  as  it  was  reasonable  to  think 
the  enemy  with  so  formidable  an  army,  and  such  a  train 
of  artillery,  as  they  were  said  to  have,  would  endeavor  to 
penetrate  farther  into  this  country,  I  sent  orders  for  a 
detachment  of  500  men  from  the  city  of  New  York,  600 
from  Queens  county,  and  the  whole  militia  of  Westchester, 
to  march  up;  and  I  had  the  satisfaction  to  hear  that  those 
of  the  city  of  New  York  and  Westchester  showed  a  very 
becoming  spirit  on  this  occasion.  Those  above  the  High- 
lands had  marched  in  consequence  of  my  former  orders, 
on  General  Webb's  requisition,  and  many  proceeding  to 
Fort  Edward,  but  after  a  short  stay,  General  Webb  in- 
formed me  that  all  the  militia,  except  those  of  the  county 
of  Albany,  had  deserted  in  a  mutinous  manner.  I  did  all  I 
could  to  stop  them,  but  with  little  success.  This  step, 
whether  arising  from  cowardice  or  disgust,  or  whatever 
other  motive,  deserves  a  very  severe  animadversion,  more 
especially  as  it  was  taken  at  a  time  when  the  enemy  were 
still  at  Fort  William  Henry  (only  fourteen  miles  distant 


JAMES  DELANCEY,  1757.  615 

from  Fort  Edward),  the  most  advanced  post  we  had  in 
that  quarter  of  the  country.  I  shall  order  a  strict  inquiry 
to  be  made  into  the  behavior  of  the  .militia,  and  cause  the 
law  to  be  put  in  execution  against  all  delinquents. 

I  left  Albany  the  21st,  and  as  soon  as  I  came  to  New 
York,  I  directed  circular  letters  to  be  sent  to  call  you 
together  as  soon  as  possible;  one  of  the  reasons  of  which 
was  to  recommend  to  you  the  completing  the  regiment  in 
the  pay  of  this  Province  with  the  utmost  speed,  General 
Webb  having  also  wrote  to  the  other  governments  to  com- 
plete theirs,  as  the  troops  under  his  command  were  very 
much  lessened.  This  was  a  measure  apparently  necessary 
at  that  time,  but  as  his  Excellency  the  Eight  Honorable  the 
Earl  of  Loudoun,  Commander-in- Chief  of  his  Majesty's 
forces  in  North  America,  is  since  arrived  here  with  a  body 
of  troops,  the  necessity  of  this  measure  ceases.  I  have 
conferred  with  his  Lordship  on  this  subject,  and  he  is  of 
opinion  there  is  no  occasion  now  to  put  the  Province  to  this 
expense,  as  he  is  not  desirous  they  should  be  burthened 
with  any  charge,  but  when  his  Majesty's  service  and  their 
own  safety  require  it. 

The  other  reason  of  my  calling  you,  is  to  recommend  to 
you  a  further  provision  for  the  subsistence  of  the  New 
York  regiment.  These  were  the  only  matters  I  had  to  lay 
before  you  for  your  consideration  at  this  time,  leaving  the 
other  necessary  business  of  the  Province  to  be  done  at  a 
more  convenient  season. 

JAMES  DELANCEY." 

December  7.  The  Lieutenant-Governor  sent  the  follow- 
ing message  to  both  Houses : 

"  I  have  delayed  calling  you  together  till  this  time  in 
expectation  of  receiving  directions  from  his  Majesty  to 
lay  before  you,  as  to  the  part  he  expected  this  Province 
should  bear  in  any  future  operation;  and  I  was  also  in 


616  MESSAGES  PROM  THE  GOVERNOR. 

hopes  the  smallpox  would  have  been  so  far  abated,  as  to 
admit  of  your  sitting  at  the  usual  place,  but  as  it  is  still 
in  some  parts  of  the  city,  I  judged  the  out  ward  would  be 
the  most  convenient. 

The  matters  I  have  now  to  recommend  to  you  are :  The 
Support  of  his  Majesty's  government,  for  which  I  doubt 
not  you  will  make  further  provision,  and  frame  your  bills 
in  such  manner,  as  I  may  find  no  difficulty  in  giving  my 
assent  to  them.3 

The  enemy  Indians  having  made  incursions  into  the 
counties  of  Ulster  and  Orange,  and  murdered  some  of  the 
inhabitants,  I  ordered  detachments  from  the  militia,  to  be 
employed  on  the  scout  to  protect  the  settlers,  promising 
to  recommend  their  service  to  you,  at  your  next  meeting, 
which  I  now  do.  I  also,  on  repeated  applications  from 
them,  gave  orders  to  have  a  line  of  blockhouses  built,  more 
effectually  to  secure  that  part  of  the  country,  and  to  encour- 
age the  inhabitants  to  stay,  and  not  abandon  their  settle- 
ments. That  frontier  is  now,  and  has  for  some  time,  been 
guarded  by  troops  posted  there  by  the  Earl  of  Loudoun's 
orders;  but  when  his  Majesty's  service  in  the  next  season 
shall  call  for  those  troops  thence,  it  will  become  necessary 
to  place  others  there  in  the  pay  of  the  Province,  least  that 
part  of  the  country  be  otherwise  destroyed  by  the  French 
and  their  savages;  for  this  expense,  provision  should  be 
made,  as  also  for  the  payment  of  other  debts  accrued  for 
the  service  of  the  public,  and  for  the  maintenance  of  French 
prisoners  of  war. 

I  have  retained  two  companies  of  rangers  out  of  the 
regiment  in  the  pay  of  this  Province,  for  whose  subsistence 
you  will  make  provision;  the  rest  were  disbanded  as  soon 
as  his  Majesty's  service  would  admit  of  it.4 


3  The  annual  act  for  the  support  of  government  was  passed  December  24, 
1757,  chap.  1046. 

•*  At  the  next  session  an  act  was  passed,  June  3,  1758,  chap.  1063,  which 
included  appropriations  for  the  pay  of  rangers,  the  erection  of  blockhouses, 
subsistence  of  French  prisoners,  and  for  militia  detached  on  special  service. 


JAMES  DELANCEY,  1757.  617 

At  the  request  of  the  corporation  of  the  city  of  New  York, 
I  have,  with  the  advice  of  his  Majesty's  Council,  drawn  for 
£2000  out  of  the  fortification  fund, /to  be  applied  to  the 
purpose  of  building  barracks  for  the  use  of  the  King's 
troops;  which  sum  the  corporation  have  engaged  to  replace.5 

The  bad  consequences  arising  from  the  immoderate  use 
of  spirituous  liquors  among  the  King's  troops,  is  a  matter 
deserving  your  consideration,  and  requires  some  proper 
law  to  regulate  or  restrain  the  retailer. 

The  act  for  inspecting  flour  is  near  expiring.  The  repu- 
tation that  commodity  hath  acquired  since  the  passing  this 
law,  is  a  sufficient  evidence  of  its  utility,  and  that  it  ought 
to  be  continued;  and  if  beef,  pork  and  butter,  which  are 
also  staple  commodities  of  this  Province,  were  put  under 
the  like  regulations,  it  would  greatly  add  to  their  credit 
abroad.6 

The  militia  laws  being  near  expiring,  you  will  find  it 
necessary  to  continue  them,  with  such  alterations  and 
amendments  as  shall  be  judged  expedient  from  the  incon- 
veniences which  have  risen.7  And  I  think  it  highly  proper 
to  add  a  clause,  subjecting  all  fire  arms  to  inspection, 
numbers  of  foreign  arms  having  of  late  been  imported. 
The  acts  laying  an  excise  upon  tea,  and  a  stamp  duty, 
which  will  soon  expire,  should  be  also  further  continued.8 

The  situation  this  and  his  Majesty's  colonies  are  in  by 
the  distress  of  war,  calls  upon  you  to  think  of  all  methods 
for  raising  money  to  defray  the  public  expenses.  I  shall 
point  out  two,  which  at  the  same  time  that  they  are  not 
burthensome,  will  be  accompanied  with  great  advantages 


act  passed  December  24,  chap.  1057,  authorized  the  city  of  New  York 
to  raise  three  thousand  five  hundred  pounds  for  the  erection  of  barracks,  and 
the  necessary  furniture  and  supplies  therefor. 

'  An  act  to  prevent  the  exportation  of  unmerchantable  flour  was  passed 
December  24,  chap.  1051. 

TTwo  militia  laws,  chaps.  1042  and  1048,  were  passed  at  this  session. 

8  The  stamp  act  and  the  act  imposing  a  duty  on  tea  were  both  continued 
by  acts  passed  December  24th,  chaps.  1049  and  1050  respectively. 


618  MESSAGES  FROM  THE  GOVERNOR. 

to  the  public.  The  one  is  a  poll  tax  upon  slaves ;  the  other, 
a  duty  of  tonnage  on  all  vessels  not  built  in  this  Province, 
or  in  Great  Britain.  The  first  will  naturally  tend  to  intro- 
duce white  servants,  which  will  augment  the  strength  of 
the  country;  besides,  the  price  of  labor  is  now  become  so 
high,  and  hence  the  owners  of  slaves  reap  such  advantage, 
that  they  cannot  reasonably  complain  of  a  tax  on  them. 
The  second  will  tend  to  promote  ship  building,  and  encour- 
age ship  wrights  and  other  artificers  to  settle  among  us, 
to  the  great  emolument  of  the  public. 

"Whatever  other  bills  you  prepare  for  the  advancement 
of  his  Majesty's  service,  and  the  welfare  of  the  Province, 
you  will  find  me  ready  to  give  my  assent  to. 

JAMES  DELANCEY." 

December  22  and  24.  Presenting  various  accounts 
against  the  Colony. 

1758.  February  4.  Becommending  an  adjournment  to 
the  28th  inst. 

February  10.  The  Lieutenant-Governor  by  a  proclama- 
tion adjourned  the  Assembly  to  the  7th  of  March. 


1758.    MARCH.    TWENTY-SEVENTH  ASSEMBLY,  TENTH  SESSION. 


JAMES  DE  LANCEY,  Lieutenant-Governor. 

The  Assembly  had  been  adjourned  to  the  28th  of  Feb- 
ruary, but  was  again  adjourned  by  executive  proclamation 
to  the  7th  of  March,  at  which  time  the  session  opened  with 
thirteen  members  present.  On  the  9th  a  sufficient  number 
appeared  for  the  transaction  of  business,  and  the  next  day 
the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
His  Majesty  having  nothing  more  at  heart  than  to  repair 


JAMES  DELANCEY,  1758.  619 

the  losses  and  disappointments  of  the  last  campaign,  and 
by  the  most  vigorous  and  extensive  efforts  to  avert,  by  the 
blessing  of  God  on  his  arms,  the  dangers  impending  on 
North  America ;  and  not  doubting  that  all  his  faithful  and 
brave  subjects  there  will  cheerfully  co-operate  with  and 
second  to  the  utmost  the  large  expense  and  extraordinary 
succours  supplied  by  his  Kingdom  for  their  preservation 
and  defence;  and  his  Majesty  considering  that  the  several 
Provinces,  in  particular  from  proximity  and  accessibility 
of  situation,  more  immediately  obnoxious  to  the  main  irrup- 
tions of  the  enemy  from  Canada,  are  of  themselves  well 
able  to  furnish  at  least  twenty  thousand  men  to  join  a  body 
of  the  King's  forces  for  invading  Canada,  and  carrying 
war  into  the  heart  of  the  enemy's  possessions;  and  his 
Majesty  not  judging  it  expedient  to  limit  the  zeal  and 
ardour  of  any  of  his  Provinces  by  making  a  re-partition 
of  the  force  to  be  raised  by  each  respectively,  for  this  most 
important  service;  his  Majesty's  pleasure  hath  been  signi- 
fied to  me  by  letter  from  the  Eight  Honorable  William 
Pitt,  Esquire,  one  of  his  principal  Secretaries  of  State,  that 
I  should  recommend  to  you  in  the  most  earnest  manner  to 
enable  me  to  raise,  with  all  possible  dispatch,  as  large  a 
body  of  men  within  this  government  as  the  number  of  its 
inhabitants  may  allow;  to  be  formed  into  regiments  as  far 
as  shall  be  found  convenient,  to  hold  themselves  in  readi- 
ness as  early  as  may  be  to  march  to  the  rendezvous  at  such 
place  as  Major-General  Abercrombie  (who  succeeds  the 
Right  Honorable  the  Earl  of  Loudoun  as  Commander-in- 
Chief  of  the  King's  forces  in  North  America),  shall 
appoint  in  order  to  proceed  from  thence  in  conjunction 
with  a  body  of  the  King's  British  forces,  and  under  the 
supreme  command  of  his  Majesty's  Commander-in-Chief  in 
America,  so  as  to  be  in  a  situation  to  begin  the  operations 


620  MESSAGES  FROM  THE  GOVERNOR. 

of  the  campaign  as  soon  as  may  be  any  way  practicable 
by  attempting  to  make  an  irruption  into  Canada.1 

The  King  is  pleased  to  furnish  all  the  men  so  raised  with 
arms,  ammunition  and  tents,  as  well  as  to  order  provisions 
to  be  issued  for  the  same  by  his  Majesty's  commissaries, 
in  the  same  proportion  and  manner  as  is  done  to  the  rest 
of  the  King's  forces.  A  sufficient  train  of  artillery  will 
also  be  provided  at  his  Majesty's  expense  for  the  opera- 
tions of  the  campaign.  The  whole  therefore  that  his 
Majesty  expects  and  requires  from  the  several  Provinces, 
is  the  levying,  clothing  and  pay  of  the  men.  And  on  these 
heads  also,  that  no  encouragement  may  be  wanting  to  this 
great  and  salutary  attempt,  the  King  is  further  most 
graciously  pleased  to  permit  his  Secretary  of  State  to 
acquaint  me  that  strong  recommendations  will  be  made  to 
Parliament  in  their  session  next  year,  to  grant  a  proper 
compensation  for  such  expenses  as  above,  according  as  the 
active  vigor  and  strenuous  efforts  of  the  respective  Prov- 
inces shall  justly  appear  to  merit. 

Similar  orders  are  sent  to  the  Massachusetts  Bay,  New 
Hampshire,  Connecticut,  Rhode  Island  and  New  Jersey; 
and  the  southern  governments  are  also  directed  to  raise 
men  in  the  same  manner  to  be  employed  in  such  offensive 
operations  as  the  circumstances  and  situation  of  the 
enemy's  posts  in  those  parts  may  point  out. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  When  you  con- 
sider the  great  expense  the  Crown  is  at  in  supporting  and 
preserving  these  countries,  I  persuade  myself  you  cannot 
hesitate  a  moment  in  granting  ample  and  sufficient  supplies 
for  levying,  clothing  and  paying  as  large  a  body  of  men 
as  the  number  of  our  inhabitants  will  allow,  especially  as 


i  An  act  passed  March  24,  chap.  1059,  provided  for  raising  two  thousand 
six  hundred  eighty  men  in  New  York  to  become  part  of  an  army  of  twenty 
thousand  men,  to  be  raised  in  several  Provinces,  to  invade  the  French  pos- 
sessions in  Canada  in  conjunction  with  regular  troops. 


JAMES  DELANCEY,  1758.  621 

these   supplies  are   so  essential  to  your  own  immediate 
safety  and  future  security. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
These  Provinces,  if  they  exert  themselves  with  vigor,  are 
able  to  send  into  the  field  such  a  body  of  men  as  by  the 
blessing  of  God  may  give  us  well-grounded  expectations 
of  success.  I  hope  a  number  of  brave  men  who  have  at 
heart  the  honor  of  a  brave  and  the  best  of  Kings  will  volun- 
tarily and  cheerfully  engage  in  a  service  on  the  success 
of  which  their  properties,  their  civil  and  religious  liberties 
depend. 

The  nature  of  the  service  laid  before  you  requires  the 
greatest  dispatch.  We  have  no  time  to  lose  as  the  troops 
ought  soon  to  be  in  readiness.  I  therefore  expect  that  in 
case  a  sufficient  number  do  not  offer  voluntarily,  you  will 
forthwith  enable  me  by  an  effectual  law  to  complete  the 
levies  in  due  time.  I  see  no  other  method  of  doing  this 
than  of  draughting  men  from  the  militia.2 

GENTLEMEN. —  I  can  add  nothing  more  to  animate  your 
zeal.  The  dangers  impending  on  North  America,  the  extra- 
ordinary succours  supplied  by  the  Crown,  the  losses  we 
have  sustained,  the  proximity  and  accessibility  of  this 
Province,  more  immediately  obnoxious  to  the  main  irrup- 
tions of  the  enemy  from  Canada,  are  the  most  powerful 
and  cogent  motives  that  can  be  suggested  to  induce  you  to 
exert  your  most  vigorous  efforts  on  this  truly  important 
and  critical  occasion. 

JAMES  DE  LANCEY. 

City  of  New  York, 
March  10,  1758. 


2  The  act,  March  24th,  cited  in  note  1,  made  provision  for  detaching  or 
drafting  men  from  the  militia,  if  a  sufficient  number  of  men  did  not  volunteer 
by  the  15th  of  April,  and  the  act  prescribed  the  number  which  might  be 
drafted  from  each  county. 


622  MESSAGES  FROM  THE  GOVERNOR. 

SPECIAL  MESSAGES. 

March  14.  Thanking  the  Assembly  for  its  address  the 
Lientenant-Governor  said : 

"  The  just  sense  you  have  of  his  Majesty's  most  gracious 
intentions  for  the  protection  and  security  of  his  royal  sub- 
jects, in  North  America,  is  very  agreeable  to  me,  and  leaves 
me  no  room  to  doubt  but  you  will  effectually  enable  me  to 
raise  such  a  body  of  men  as  the  number  of  the  inhabitants 
of  this  Province  will  allow.  For  this  purpose,  I  rely  on 
your  loyalty  and  zeal  for  his  Majesty's  service,  and  the 
regard  you  owe  to  the  safety  of  the  people  of  this  and  the 
other  Provinces."  (See  note  1.) 

Thanking  the  Council  for  its  address,  he  said  the  Prov- 
ince had  a  ' '  most  favorable  opportunity  of  checking  effect- 
ually the  power  of  an  enemy  almost  incessantly  employed 
in  distressing  them." 

March  15.  Transmitting  an  extract  of  a  letter  from 
General  Abercrombie,  the  Lieutenant-Governor  said  an 
embargo  had  been  laid  on  all  vessels  exceeding  fifty  tons 
burden.  Continuing  he  said: 

"  I  learn,  with  a  sensible  mortification,  that  several  able 
bodied  men  are  leaving  their  habitations  merely  to  decline 
a  service  in  which  the  Honor  of  their  King,  the  present 
safety  and  future  security  of  their  country,  are  so  deeply 
interested.  Is  this  a  behavior  which  his  Majesty  could  ex- 
pect from  his  faithful  and  brave  subjects  in  this  part  of 
the  world? 

We  see  a  powerful  alliance  formed  in  Europe,  between 
the  Eoman  Catholic  Princes,  with  a  view  to  overwhelm 
the  liberties  of  Europe,  and  possibly  to  extirpate  the 
Protestant  religion.  One  of  these  is  at  open  war  with  our 
mother  country,  and  carrying  on  a  severe  and  cruel  war 
against  us  in  these  countries;  and  shall  any  one  here  be 
backward  in  their  purses  and  persons,  to  second  the  great 


JAMES  DELANCEY,  1758.  623 

things  his  Majesty  is  doing  for  us,  and  suffer  perhaps  the 
last  opportunity  to  slip  of  saving  your  country? 

I  need  not  represent  the  losses  and  dangers  of  last  year. 
I  am  fully  persuaded  you  will  do  everything  on  your  parts. 
Do  it  speedily,  that  I  may  have  an  early  opportunity  to 
acquaint  the  General  with  the  steps  that  are  taking."  (See 
note  1.) 

March  24.  The  Assembly  requested  permission  to  ad- 
journ so  that  its  members  might  return  home  to  "  expedite 
and  forward  the  levies  of  men. ' '  The  Lieutenant-Governor 
consenting,  the  Assembly  was  adjourned  to  the  first  Tues- 
day of  May.  A  quorum  did  not  appear  until  the  9th  of 
May. 

May  10.  The  Lieutenant-Governor  sent  the  following 
message  to  both  Houses : 

' '  I  desire  you  will  now  proceed  on  the  business  I  have 
before  recommended  to  you,  to  wit,  paying  the  public  debts,3 
revising  the  militia  laws,  making  them  more  effectual  for 
these  times,  and  throwing  the  whole  into  one  bill,  as  also 
that  you  will  take  into  your  consideration,  the  several  other 
matters  recommended  to  you  in  my  former  message,  of  the 
7th  of  December  last. 

The  act  for  regulating  the  pilots,  and  establishing  their 
pilotage,  a  very  necessary  law,  is  expired;  and  should  be 
revived.4 

No  provision  has  been  made  for  a  chaplain  to  the  forces 
in  the  pay  of  this  Province;  when  this  is  done,  I  shall  take 
care  to  appoint  a  well  qualified  person  to  this  service.5 

JAMES  DELANCEY." 

May  19.  The  Assembly  presented  to  the  Lieutenant- 
Governor  an  address,  protesting  against  continuing  the 

3  Payment  of  public  debts  was  provided  for  by  an  act  passed  June   34, 
chap.  1063. 

4  Chap.  1064,  passed  June  3d,  revived  the  pilot  law  of  1757. 

5  May  10th  the  Assembly  passed  a  resolution  recommending  that  the  com- 
pensation of  the  chaplain  be  fixed  at  ten  shillings  per  diem,  and  that  he  be 
furnished  with  a  suitable  tent. 


624  MESSAGES  FROM  THE  GOVERNOR. 

heavy  expenses  incident  to  the  subsistence  of  French 
prisoners,  and  requesting  that  they  be  sent  out  of  the 
colony.  The  Lieutenant-Governor  replied  on  the  23d,  say- 
ing that  as  the  embargo  had  been  taken  off,  he  would  give 
orders  to  have  the  French  prisoners  sent  away  as  soon  as 
possible. 
June  3.  The  Assembly  was  adjourned  to  the  27th  instant. 


1758.    NOVEMBER.    TWENTY-SEVENTH  ASSEMBLY,  ELEVENTH 

SESSION. 


JAMES  DE  LANCEY,  Lieutenant-Governor. 

After  several  adjournments  from  June  27th,  a  few  mem- 
bers of  the  Assembly  appeared  on  the  14th  of  November 
according  to  executive  proclamation,  but  there  was  no 
quorum  until  the  21st,  when  the  Lieutenant-Governor  deliv- 
ered the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  take  this  first  opportunity  of  our  meeting  to  congratulate 
you  on  the  success  of  his  Majesty's  arms  in  North  America. 
The  reduction  of  Louisbourg,  and,  in  consequence,  of  the 
islands  of  Cape  Breton  and  St.  John's,  is  an  acquisition 
of  the  utmost  importance  to  the  trade  of  Great  Britain  and 
the  safety  of  the  Northern  colonies;  may  they  always  con- 
tinue in  the  British  possession.  The  taking  and  destroying 
so  many  of  the  enemy's  ships  on  this  occasion,  whereby  the 
French  navy  is  considerably  weakened,  is  an  additional 
heavy  loss  to  them,  and  all  this  has  been  achieved  with  so 
little  loss  on  our  part,  as  is  scarcely  to  be  paralleled  in  any 
instance. 

And  though  by  our  repulse  and  retreat  from  Ticon- 


JAMES  DELANCEY,  1758.  625 

deroga,  the  sanguine  hopes  we  had  entertained  of  success 
in  that  quarter  have  been  disappointed,  yet  the  enemy 
have  gained  no  ground  there,  and  thing's  are  as  they  were 
on  Hudson's  River  the  beginning  of  the  campaign. 

On  the  other  side,  Major-General  Abercrombie  sent 
Brigadier  Stanwix  with  a  considerable  body  of  provincials 
up  the  Mohawk's  Eiver,  where  a  fort  has  been  built  at  the 
Oneida  station,  whereby  an  important  pass  is  secured, 
through  which  one  of  the  French  generals  was  to  have 
made  an  irruption  last  spring,  but  was  prevented  by  the 
diligence  of  our  army,  which  advanced  so  fast  as  to  oblige 
the  French  general  at  Ticonderoga  to  recall  him  to  oppose 
our  troops. 

It  was  from  this  station  that  Lieutenant-Colonel  Brad- 
street,  in  consequence  of  orders  received  from  General 
Abercrombie,  proceeded  to  attack  the  French  Fort  Fron- 
tenac  at  Cadaraqui,  which  he  accomplished,  taking  and 
destroying  the  fort.  This  event  was  attended  with  happy 
circumstances;  at  this  place  were  taken  all  the  vessels  the 
French  had  on  the  lake,  which  have  been  burnt ;  in  the  fort 
were  found  a  great  number  of  arms,  an  immense  quantity 
of  provisions  and  Indian  goods  of  all  kinds,  being  the 
magazine  from  whence  Niagara  and  the  other  French  posts 
westward  were  to  be  furnished.  These  have  all  been  de- 
stroyed or  brought  away,  the  effects  of  which  will  be 
severely  felt  by  the  enemy  this  winter. 

I  mention  the  events  in  North  America  as  being  near  to 
you  and  more  immediately  engaging  your  attention.  I 
have,  however,  the  pleasure  to  acquaint  you  that  by  the 
latest  advices,  affairs  in  Europe  take  a  favorable  turn  for 
his  Majesty  and  his  allies,  and  we  may  hope  for  a  happy 
issue  of  the  campaign. 

GENTLEMEN. —  I  have  now  to  recommend  to  you  to  pro- 
ceed with  dispatch  on  the  usual  business  of  this  season, 
and  must  acquaint  you  that  the  public  service  has  called 
40 


626  MESSAGES  FROM  THE  GOVERNOR. 

me  to  Albany  once  last  year  and  twice  this,  which  you  will 
take  into  your  consideration.1 

On  representations  from  the  inhabitants  of  Ulster  and 
Orange  of  the  incursions  of  the  Indians  into  their  settle- 
ments, I  ordered  an  officer  and  24  additional  men  into  the 
blockhouses  for  their  protection,  and  Col.  Hardenbergh 
having  ordered  a  party  of  militia  out,  upon  the  Indians 
killing  one  of  the  inhabitants  within  a  mile  of  the  church 
at  Bochester,  I  directed  him  to  keep  them  on  the  scout  till 
the  danger  of  any  further  mischief  was  over;  when  the 
accounts  of  the  expense  accruing  from  this  service  are 
brought  in,  they  shall  be  laid  before  you.  These  militia  I 
have  ordered  to  be  dismissed  as  General  Abercrombie  has 
ordered  the  light  armed  infantry  to  be  posted  in  those 
parts.  He  has  also  acquainted  me  that  he  would  order  the 
New  York  regiment  to  be  disbanded  as  soon  as  possible, 
and  I  am  in  daily  expectation  of  hearing  it  is  done. 

GENTLEMEN. —  If  there  be  any  laws  to  be  revived  or  con- 
tinued, or  new  to  be  made  for  the  benefit  of  his  Majesty's 
subjects  within  my  government,  you  will  find  me  ready  to 
give  my  assent  to  them. 

JAMES  DE  LANCEY. 

City  of  New  York, 
21st  November,  1758. 

SPECIAL  MESSAGES. 

November  24.  Thanking  the  Assembly  for  its  address, 
the  Lieutenant-Governor  said  the  fort  at  Oneida  station, 
erected  by  Brigadier-General  Stanwix,  was  a  very  respect- 
able one,  and  he  hoped  the  Assembly  would  exert  them- 
selves on  all  proper  occasions  to  raise  needed  men  and 


1  The  salaries  act,  passed  December  16th,  chap.  1066,  appropriated  three 
hundred  pounds  to  pay  the  Lieutenant-Governor's  expenses  on  these  three 
visits  to  Albany. 


JAMES  DELANCEY,  1758.  627 

money  as  the  necessities  of  the  King's  service  and  the 
condition  of  the  colony  might  require. 

The  same  day  the  Lieutenant-Governor  thanked  the 
Council  for  a  similar  address. 

November  28.  Recommending  the  erection  of  block- 
houses for  the  protection  of  Kingston.2 

December  6.  Transmitting  accounts  presented  by  the 
second  regiment  of  Ulster  County  for  service  on  the  west- 
ern frontier. 

December  16.  The  Assembly  and  Council  presented  a 
joint  address  to  the  Lieutenant-Governor  relative  to  ex- 
penses incurred  by  the  colony  in  1756  and  1758  in  furnish- 
ing supplies  for  troops.  The  address  referred  to  the  fact 
that  other  colonies  had  been  reimbursed  for  similar  ex- 
penses, stated  the  amount  still  due  New  York,  and  requested 
the  Lieutenant-Governor  to  present  the  matter  to  the  home 
government  for  adjustment,  and  if  possible  procure  the 
reimbursement  of  the  amounts  expended  by  the  colony.  It 
appeared  from  the  address  that  the  colony  had  incurred  a 
debt  of  one  hundred  thousand  pounds  for  military  purposes 
during  the  year  1758.  The  address  declared  that  the  New 
York  troops  * '  were  in  the  field  much  earlier  than  any 
troops  from  the  other  Provinces,  and  were  employed  in  the 
severe  services  of  transporting  provisions  in  battoes  to 
Fort  Edward,  and  cutting  a  road  from  thence  to  Fort 
"William  Henry. 

That  after  the  unhappy  repulse  at  Ticonderago  (in  which 
many  of  them  fell),  the  remainder  were  sent  to  the  Oneida 
station,  and  out  of  them  were  taken  above  one  third  of  the 
army,  that,  under  the  command  of  Col.  Bradstreet,  not  only 
took  and  destroyed  Fort  Frontenac  at  Cadaraqui,  with  the 
vast  stock  of  provisions  and  warlike  stores  lodged  there, 
but  also  every  vessel  the  enemy  had  on  the  Lake  Ontario; 


2  The  salaries  act,  chap.  1066,  appropriated  one  hundred  fifty  pounds  to 
aid  Kingston  in  erecting  three  blockhouses  to  be  located  under  the  direction 
of  the  Lieutenant-Governor. 


628  MESSAGES  FROM  THE  GOVERNOR. 

a  service  that  reflects  as  much  honor  on  the  troops  who 
performed  it,  as  it  has  brought  distress  on  the  enemies 
garrisons  to  the  westward,  which  from  that  event,  cannot 
be  relieved  without  the  greatest  labor  and  hazard,  if  re- 
lieved at  all. 

That  the  remainder  of  the  troops  of  this  Province,  were 
employed  in  building  the  Oneida  Fort;  and  being  rejoined 
by  the  detachment  under  Col.  Bradstreet,  continued  in  that 
service,  till  the  same  fort  was  finished,  in  the  latter  end  of 
November  last,  during  which  campaign,  by  reason  of  exces- 
sive fatigues,  laborious  marches,  and  the  hardships  of  an 
encampment  in  the  wilderness,  and  the  want  of  necessaries 
suited  to  their  diseases,  great  numbers  lost  their  lives,  and 
at  the  time  of  their  discharge,  were  found  to  be  greatly 
reduced. 

That  the  burthen  of  the  present  war  has  fallen  so  heavy 
on  this  small  colony,  that  the  number  of  hands  employed  in 
the  battoe  service,  and  in  land  carriages,  and  in  the  Pro- 
vincial Troops,  has  been  so  great,  that  according  to  compu- 
tations which  have  been  most  exact,  it  appears  that  nearly 
every  fifth  man  in  the  Province,  has  been  employed  in  his 
Majesty's  service  in  the  present  campaign. 

That  the  emission  of  bills  of  credit  within  this  present 
year,  together  with  former  emissions,  which  the  exigencies 
of  the  Colony  rendered  unavoidable,  have  so  greatly  in- 
creased our  public  debts,  that  the  paper  currency  which 
has  been  substituted  in  lieu  of  ready  money  for  making 
immediate  payment,  is  in  great  danger  of  being  depre- 
ciated, and  the  Colony  so  impoverished  by  the  excessive 
weight  of  taxes  already  laid  on  the  people,  that  we  find  our 
abilities  far  short  of  our  inclination  to  assist  in  any  future 
operations,  unless  we  are  in  some  very  considerable  degree 
supported  by  the  Parliament  of  Great  Britain." 

Continuing  the  address  reminded  the  Lieutenant-Gov- 
ernor  that  New  York  in  the  year  1754  "  transmitted  five 


JAMES  DELANCEY,  1758.  629 

thousand  pounds  to  the  government  of  Virginia  to  assist 
that  Province  in  its  defence  against  the  French  and  their 
Indians,  which  they  had  gained  over  t®  their  party;"  that 
in  1755,  five  thousand  pounds  had  been  appropriated  for 
the  general  service  which  was  used  in  the  Braddock  cam- 
paign and  for  other  purposes;  and  that  in  the  same  year 
New  York  contributed  eight  thousand  pounds  to  Connecti- 
cut. The  address  acknowledged  the  receipt  of  fifteen  thou- 
sand pounds  from  the  home  government  to  be  used  for 
military  purposes. 

The  address  further  says  that  '  *  well  knowing  that  this 
Province  from  its  commodious  situation  on  the  Atlantic 
Ocean,  in  the  midst  of  all  the  British  colonies,  and  its  inland 
navigation,  which  admits  of  an  easy  passage  from  Canada, 
and  the  remotest  lakes,  through  the  same  to  the  ocean,  has 
long  been  the  envy,  and  the  conquest  of  it,  the  object  of  the 
ambition  of  France ;  hence  have  sprung  the  many  encroach- 
ments which  have  been  made  by  the  French  particularly 
within  this  Province  at  Crown  Point  and  Niagara;  their 
unwearied  endeavor  at  all  times  to  corrupt  and  alienate 
the  affections  and  allegiance  of  our  Five  Nations  of  In- 
dians, and  their  bloody  cruelties  repeatedly  committed  by 
them  on  our  Frontiers." 

December  16.  The  Lieutenant-Governor,  replying  to  the 
foregoing  address,  said  he  would  transmit  it  to  the  King 
and  his  ministers  of  state. 

December  16.  After  publishing  the  laws  passed  at  this 
session,  the  Assembly  was  dissolved.  In  his  speech  on  this 
occasion,  the  Lieutenant-Governor  said  the  Assembly  was 
not  dissolved  from  any  distaste  of  their  proceedings,  but 
declared  that  they  had  done  a  great  deal  for  the  King  and 
their  country  and  deserved  the  approbation  of  their  con- 
stituents. He  said  it  was  not  probable  that  the  King's  com- 
mands concerning  military  operations  during  the  ensuing 
year  would  be  received  in  time  to  permit  the  Assembly  to 


630  MESSAGES  FROM  THE  GOVERNOR. 

transact  necessary  business  before  the  term  of  its  existence 
would  expire  under  the  limitation  of  the  septennial  act,  and 
that  for  that  reason  a  new  Assembly  should  be  called  as 
soon  as  practicable. 


1759.    JANUARY.    TWENTY-EIGHTH  ASSEMBLY,  FIRST  SESSION. 


JAMES  DE  LANCEY,  Lieutenant-Governor. 

This  Assembly  was  called  by  writs  of  election  returnable 
January  26,  1759,  but  on  account  of  the  severity  of  the 
weather,  a  quorum  did  not  appear,  and  the  Lieutenant- 
Governor  prorogued  the  Assembly  to  the  31st.  A  quorum 
appeared  at  that  time,  and  the  next  day,  February  1st,  the 
Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL,  AND  GENERAL  ASSEMBLY. — 
I  take  this  opportunity  of  our  first  meeting  to  congratulate 
you  on  the  success  of  his  Majesty's  forces  under  the  com- 
mand of  Brigadier-General  Forbes,  who  after  many  diffi- 
culties and  disappointments,  obliged  the  enemy  to  abandon 
and  destroy  Fort  Duquesne,  an  event  which  restores  a  large 
and  extensive  territory  to  his  Majesty's  subjection  and  will 
re-establish  and  strengthen  the  British  interest  and  influ- 
ence among  the  Indians  in  those  parts. 

I  thought  it  proper  you  should  meet  at  this  time,  being 
in  daily  expectation  of  receiving  his  Majesty's  commands 
with  regard  to  the  operations  against  the  enemy  next 
season.  As  these  are  not  yet  come,  I  shall  recommend  to 
you  some  few  things  which  appear  to  me  to  be  for  the  public 
utility  and  to  merit  your  consideration. 

In  all  trading  places  which  are  difficult  of  access  as  this 
port  is,  it  is  expedient  that  the  pilots  and  their  pilotage  be 
regulated  by  law.  This  is  now  more  especially  necessary, 


JAMES  DELANCEY,  1759.  631 

when  his  Majesty's  service  must  lead  many  of  his  own 
ships,  as  well  as  others  taken  up  for  his  use,  to  this  port. 
You  will  therefore  revive  the  law  for  thi£  purpose,  which 
expired  the  first  of  last  month,  with  any  additions  that  may 
be  judged  needful.1 

The  act  for  impressing  horses,  carriages,  etc.,  to  carry 
on  his  Majesty's  service  in  this  Province  should  be  revised 
and  modeled  in  such  manner  as  to  make  it  effectual,  and  at 
the  same  tune  to  guard  against  any  abuses.2 

When  the  labor  of  every  subject  is  so  valuable  to  the 
public  as  it  now  is,  the  liberty  of  their  persons  becomes 
more  immediately  the  object  of  the  Legislature.  In  this 
view,  I  recommend  to  you  the  preparing  a  bill  for  prevent- 
ing frivolous  and  vexatious  arrests,  or  any  other  that  may 
answer  so  salutary  an  end. 

GENTLEMEN  OF  THE  GENEEAL  ASSEMBLY. —  Some  expenses 
have  accrued  the  last  year  for  the  necessary  defence  of  the 
counties  of  Ulster  and  Orange  against  the  incursions  of  the 
Indians,  which  should  be  provided  for,  as  also  any  other 
debts  of  the  government. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Nothing  can  be  a  stronger  proof  of  the  wisdom  of  a  Legis- 
lature than  providing  for  the  future  security  and  pros- 
perity of  their  country.  I  therefore  recommend  it  to  you 
seriously  to  consider  of  some  plan  for  forming  under 
proper  regulations,  strong  settlements  on  the  frontiers.3 


1 A  law  relating  to  pilots  was  passed  March  7th,  chap.  1083. 

2  An  act  passed  March  7,  chapter  1084,  authorized  the  impressment  of  men 
and  supplies  for  the  purposes  of  .the  war. 

3  A  joint  committee  of  the  two  houses  was  appointed  to  consider  the  sub- 
ject of  frontier  settlements,  and  on  the  7th  of  March,  when  the  Assembly 
adjourned,    a   resolution   was   adopted   providing    that    the    members    of   the 
Assembly  from  the  city  of  New  York,  together  with  Robert  R.  Livingston 
and  William  Livingston,  be  a  committee  to  join  a  committee  of  the  Council 
to  consider  the  Lieutenant-Governor's  recommendation.     The  committee  was 
vested  with  authority  to  send  for  persons  and  papers,  and  was  required  to 
report  at  the  next  meeting  of  the  Assembly.    The  records  do  not  contain  any 
report  from  this  committee. 


632  MESSAGES  FROM  THE  GOVERNOR. 

We  have  rich  and  very  valuable  lands  on  the  borders  of 
this  Province,  and  should  avail  ourselves  of  the  advantages 
which  may  offer  at  the  end  of  the  war  to  promote  and 
encourage  such  settlements  as  may  be  a  barrier  to  us 
against  the  enemy.  We  may  rely  on  his  Majesty's  counte- 
nancing any  well-concerted  measure  for  this  purpose,  and 
have  reason  to  hope  for  his  royal  aid  and  assistance  to 
carry  it  into  execution.  We  hava  severely  felt  in  the  be- 
ginning of  this  war  the  effects  of  former  inattention.  Lay 
therefore  the  foundations  of  future  security  now,  when 
these  are  fresh  in  your  memories,  to  prevent  the  like  evil 
effects  hereafter. 

GENTLEMEN. — These  are  the  matters  that  have  occurred 
to  me  as  fitting  to  be  recommended  to  you.  Any  bills  you 
shall  prepare  will  have  their  due  weight  with  me  as  I  can 
have  no  motive  to  influence  my  conduct  but  the  duty  I  owe 
to  the  King,  and  the  service  of  the  country. 

JAMES  DE  LANCEY. 

New  York,  1st  February,  1759. 

SPECIAL  MESSAGES. 

February  3.  Thanking  the  Council  for  its  address,  and 
especially  for  its  approval  of  his  suggestion  that  strong 
settlements  should  be  made  on  the  frontiers  after  the  ter- 
mination of  the  war.  (See  note  3.) 

February  6.    Thanking  the  Assembly  for  its  address. 

February  20.  The  Lieutenant-Governor  sent  the  follow- 
ing communication  to  both  Houses: 

"  I  have  now  the  pleasure  to  acquaint  you  that  I  have 
received  the  commands  of  our  most  gracious  King,  ever 
attentive  to  the  welfare  and  lasting  prosperity  of  all  his 
subjects,  relative  to  the  operations  of  the  approaching 
campaign,  by  letter  bearing  date  the  9th  of  December,  from 
the  Eight  Honorable  Mr.  Secretary  Pitt,  signifying  that 
his  Majesty  having  nothing  so  much  at  heart,  as  to  im- 


JAMES  DELANCEY,  1759.  633 

prove  the  great  and  important  advantages  gained  last 
campaign,  as  well  as  to  repair  the  disappointment  at  Ti- 
conderago,  and  by  the  most  vigorous  and  extensive  efforts, 
to  avert  by  the  blessing  of  God  on  his  arms,  all  dangers 
which  may  threaten  North  America,  from  any  future  irrup- 
tions of  the  French ;  and  that  the  King  not  doubting  that  all 
his  faithful  and  brave  subjects  here  will  cheerfully  co-oper- 
ate with,  and  second  to  the  utmost,  the  large  expense  and  ex*- 
traordinary  succours  supplied  by  Great  Britain,  for  their 
preservation  and  defence ;  and  his  Majesty  considering,  that 
the  several  Provinces  in  particular  from  proximity  and  ac- 
cessibility of  situation,  more  immediately  obnoxious  to  the 
main  irruptions  of  the  enemy  from  Canada,  are  of  them- 
selves well  able  to  furnish  at  least  20,000  men,  to  join  a  body 
of  the  British  forces  invading  Canada,  and  carrying  war  into 
the  heart  of  the  enemy's  possessions.  And  his  Majesty 
not  judging  it  expedient  to  limit  the  zeal  and  ardour  of  any 
of  his  Provinces,  by  making  a  repartition  of  the  force  to  be 
raised  by  each  respectively  for  this  most  important  service, 
it  is  his  Majesty's  pleasure  that  I  should  forthwith  use  my 
utmost  endeavors  and  influence  with  you  to  raise  with  all 
possible  dispatch,  within  this  Government,  as  large  a  body 
of  men  as  you  did  the  last  year,  and  even  as  many  more  as 
the  number  of  its  inhabitants  may  allow,  to  be  formed  into 
regiments,  and  to  hold  themselves  in  readiness,  as  early  as 
may  be,  to  march  to  the  rendezvous,  which  his  Majesty's 
Commander-in-Chief  in  North  America  shall  appoint,  in 
order  to  proceed  from  thence  in  conjunction  with  a  body  of 
the  King's  British  forces,  and  under  the  supreme  command 
of  his  Majesty's  Commander-in-Chief  in  America,  so  as  to 
be  in  a  situation  to  begin  the  operations  of  the  campaign 
as  soon  as  possible,  by  attempting  to  make  an  irruption 
into  Canada,  in  such  way  and  according  to  such  circum- 
stances as  his  Majesty's  Commander-in-Chief  shall  judge 
most  effectual.  And  the  better  to  facilitate  this  important 


634  MESSAGES  FROM  THE  GOVERNOR. 

service,  the  King  is  pleased  to  leave  it  to  me  to  issue  com- 
missions to  such  gentlemen  of  this  Province,  as  I  shall 
judge  from  their  weight  and  credit  with  the  people,  and 
their  zeal  for  the  public  service,  may  be  best  disposed  and 
able  to  quicken  and  effectuate  it;  the  whole  forces,  when 
joined,  to  be  under  a  due  subordination  to  his  Majesty's 
Commander-in-Chief ;  and  all  officers  as  high  as  colonels, 
inclusive,  for  their  encouragement,  are  to  have  rank  ac- 
cording to  their  respective  commissions,  agreeable  to  the 
regulations  contained  in  his  Majesty's  warrant  of  the  30th 
of  December,  1757. 

The  King  is  also  pleased  to  furnish  all  the  men  so  raised 
with  arms,  ammunition  and  tents,  as  well  as  to  order  pro- 
visions to  be  issued  to  them  by  his  Majesty's  commissaries, 
in  the  same  proportion  and  manner  as  is  done  to  the  rest  of 
the  King's  forces.  A  sufficient  train  of  artillery  will  be 
provided  for  the  operations  of  the  campaign.  Boats  and 
vessels  necessary  for  the  transportation  of  the  army  on 
this  expedition  will  also  be  provided  at  the  King's  charge. 
The  whole  therefore  that  his  Majesty  expects  and  requires 
from  the  several  Provinces  is  the  levying,  clothing  and 
paying  the  men;  and  on  these  heads  also,  that  no  encour- 
agement may  be  wanting  to  this  great  and  salutary  attempt, 
the  King  is  further  most  graciously  pleased  to  permit  the 
Eight  Honorable  Mr.  Secretary  Pitt  to  acquaint  me,  that 
strong  recommendations  will  be  made  to  Parliament,  in 
their  sessions  next  year,  to  grant  a  proper  compensation 
for  such  expenses  as  above,  according  as  the  active  vigor 
and  strenuous  efforts  of  the  respective  Provinces  shall 
justly  appear  to  merit. 

I  am  also  to  inform  you  that  similar  orders  are  sent  by 
the  same  conveyance  to  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island,  Connecticut  and  New  Jersey;  the  south- 
ern governments  are  also  directed  to  raise  men  in  the  same 
manner,  to  be  employed  in  such  offensive  operations  as  the 


JAMES  DELANCEY,  1759.  635 

circumstances  and  situation  of  the  enemy's  posts  in  those 
parts  may  point  out ;  which  it  is  hoped  will  oblige  them  to 
divide  their  attention  and  forces,  as  will  render  the  several 
attempts  more  easy  and  successful. 

GENTLEMEN. — This  is  what  I  had  to  lay  before  you  by  his 
Majesty's  command;  and  can  anything  animate  your  zeal 
on  this  important  occasion  more  than  the  consideration  that 
the  large  expense  and  extraordinary  succours  of  your 
mother  country  have  nothing  else  for  their  object  than  to 
avert  all  dangers  that  may  threaten  you  from  any  future 
attempts  of  the  French?  You  will  therefore  with  alacrity 
second  to  the  utmost  measures  calculated  for  your  own  de- 
fence and  preservation. 

The  King  is  carrying  on  a  war  in  Europe  to  maintain 
the  Protestant  Beligion,  and  defend  the  common  cause  of 
liberty  and  independency,  in  which  he  is  cheerfully  and 
vigorously  supported  by  the  united  voice  of  his  people, 
manifested  in  the  addresses  of  the  Lords  and  Commons. 
Let  the  same  spirit  which  actuates  them  animate  you,  that 
we  may  proceed  with  the  utmost  application  and  dispatch 
in  this  urgent  and  decisive  crisis.  I  do  therefore  most 
earnestly  recommend  to  you  that  you  will  immediately  set 
about  this  necessary  work,  and  come  to  speedy  and  vigor- 
ous resolutions,  that  there  may  be  no  delay  on  our  parts, 
and  that  the  forces  of  this  Province  may  be  ready  to  attend 
his  Majesty's  Commander-in-Chief,  whenever  he  shall 
begin  his  operations. 

The  success  of  his  Majesty's  arms,  by  the  blessing  of 
God,  in  the  reduction  of  the  strong  fortress  at  Louisbourg, 
under  the  conduct  of  his  Excellency  General  Amherst,  I 
look  upon  as  a  happy  presage,  by  the  same  divine  blessing, 
of  future  success  under  his  direction;  may  you  then,  and 
the  other  Northern  Colonies,  so  strengthen  his  hands  as  to 
enable  him  to  remove  the  enemy  at  such  a  distance  that  we 


636  MESSAGES  FROM  THE  GOVERNOR. 

may  never  hereafter  dread  their  attempts  or  cruel  irrup- 
tions.4 

GENTLEMEN. — I  am  sensible  of  your  loyalty  and  duty 
to  his  Majesty,  and  am  persuaded  you  will  give  proofs 
thereof  at  this  crisis. 

I  send  you  a  copy  of  General  Amherst's  letter  to  me  of 
the  16th  instant. 

JAMES  DELANCEY." 

February  26.  The  Lieutenant-Governor  sent  the  follow- 
ing message  to  the  Assembly : 

*  *  You  have  already  been  apprised  by  his  Excellency  Gen- 
eral Amherst's  letter  to  me,  of  the  16th  instant,  (a  copy  of 
which  was  laid  before  you)  that  he  intends  to  begin  the 
operations  of  the  ensuing  campaign  as  soon  as  the  season 
will  permit.  I  must  therefore  earnestly  recommend  it  to 
you  to  proceed  with  all  possible  dispatch  to  fix  the  proper* 
tion  of  men  which  each  county  is  to  furnish,  and  that  you 
will  lose  no  time  in  preparing  a  bill  for  this  purpose,  and 
to  impower  me,  in  case  a  sufficient  number  of  volunteers 
shall  not  enlist  within  due  time,  to  make  up  the  deficiency 
by  drafts  out  of  the  militia,  as  has  been  done  before  on  the 
like  occasions.  We  have  had  experience  of  this  method, 
and  have  found  it  effectual;  for  then  every  man  liable  to 
be  detached  makes  it  a  common  cause  and  concern  to  en- 
courage and  promote  voluntary  enlistments,  whereby  the 
number  is  more  easily  and  readily  completed. 

As  you  are  so  thoroughly  convinced  of  the  justice  and 
necessity  of  the  present  war  on  the  part  of  his  Majesty, 
and  so  heartily  disposed  to  facilitate  his  gracious  designs 


4  An  act  passed  March  7th,  chap.  1082,  provided  for  raising  two  thousand 
six  hundred  eighty  men  to  become  part  of  a  colonial  army  of  twenty  thousand 
for  the  pending  campaign,  and  appropriated  one  hundred  thousand  pounds 
for  military  expenses,  to  be  raised  by  the  issue  of  bills  of  credit.  The 
act  authorized  the  Lieutenant-Governor  to  draft  men  from  the  militia  if  a 
sufficient  number  did  not  volunteer  by  the  4th  of  April. 


JAMES  DELANCEY,  1759.  637 

for  the  security  and  defence  of  his  American  subjects,  I 
am  persuaded  you  will  do  all  in  your  power  to  facilitate 
and  expedite  the  levies  you  have  voted.  (See  note  4.) 

JAMES  DELANCEY." 

March  7.  The  Assembly  was  adjourned  to  the  27th,  but 
did  not  meet  again  until  June  26. 

June  27.  The  Lieutenant-Governor  sent  the  following 
communication  to  both  Houses : 

"  Having  on  the  14th  instant  received  a  letter  from  his 
Excellency  General  Amherst,  bearing  date  the  8th,  relating 
to  the  King's  immediate  service,  and  which  could  not  admit 
of  any  delay,  I  resolved  to  call  you  together  as  soon  as 
possible,  though  at  an  unusual  and  perhaps  inconvenient 
season  of  the  year. 

I  herewith  send  you  an  extract  of  the  General's  letter, 
whereby  you  will  perceive  that  the  contractor's  agent  not 
being  able  to  supply  the  sums  of  money  necessary  to 
answer  the  large  demands  made  for  carrying  on  his  Maj- 
esty's service,  the  General  was  compelled  in  this  situation, 
that  his  operations  and  the  success  of  his  Majesty's  arms 
might  not  be  retarded,  to  apply  for  a  loan  of  £150,000,  New 
York  currency,  in  bills  of  the  Province,  redeemable  in 
twelve  months  after  their  date,  by  the  moneys  arising  from 
bills  of  exchange,  to  be  drawn  by  Mr.  Mortier,  deputy  pay- 
master General. 

As  the  distress  the  service  is  in  for  want  of  money,  and 
the  incapacity  of  the  contractor's  agents  to  remove  the 
same,  sufficiently  evinces  and  warrants  the  necessity  of 
the  General's  having  recourse  to  this  method,  so  was  it  a 
sufficient  reason  for  my  calling  you  together  so  suddenly; 
and  I  did  it  in  a  full  assurance  that  you  would  cheerfully 
embrace  this  opportunity  of  giving  a  fresh  proof  of  your 
loyalty  to  the  King,  and  zeal  for  his  service. 

I  am  so  fully  persuaded  of  your  readily  coming  into  the 
loan  proposed,  and  in  such  a  manner  as  no  advantage  be 


638  MESSAGES  FEOM  THE  GOVERNOR. 

taken  of  these  pressing  wants  which  call  for  the  speediest 
supply,  that  I  think  it  needless  to  urge  any  other  arguments 
to  induce  you  to  it.5 

JAMES  DELANCEY." 

July  3.  The  Assembly  was  adjourned  to  the  31st,  but 
did  not  meet  again  until  the  17th  of  October. 

October  17.  The  Lieutenant-Governor  sent  the  following 
communication  to  both  Houses: 

"  His  Excellency  Major  General  Amherst  having  made 
several  important  and  valuable  acquisitions  from  the 
enemy,  and  being  determined  to  take  such  measures  as 
shall  effectually  ensure  the  advantages  of  this  campaign 
by  building  forts  in  proper  places,  and  thereby  putting  it 
out  of  the  enemy's  power  to  regain  any  of  their  late  losses; 
and  foreseeing  that  it  was  more  than  probable  that  such 
of  the  Provincial  forces  as  are  by  their  Legislatures  pro- 
vided for  only  to  the  first  of  November,  could  not  be  dis- 
charged soon  enough  to  be  at  their  respective  homes  by 
that  time,  without  quitting  the  essential  works  they  were 
employed  in,  hath,  for  these  reasons,  made  a  general  ap- 
plication to  such  of  the  colonies  as  had  provided  for  the  pay 
of  their  troops  only  to  that  time,  to  make  a  further  pro- 
vision for  them. 

In  consequence  of  this  application,  I  have  called  you 
together  now,  principally  for  this  purpose. 

The  General's  proposal  is  so  reasonable,  his  measures  so 
well  calculated  for  his  Majesty's  service,  the  present  safety, 
and  lasting  security  of  this  and  the  other  Colonies,  that  I 
cannot,  in  duty  to  the  King,  and  in  regard  to  your  future 
prosperity  omit  most  earnestly  recommending  it  to  you, 


6  Payment  of  this  debt  was  assumed  by  an  act  passed  July  3d,  chap.  1087, 
which  authorized  bills  of  credit  for  one  hundred  and  fifty  thousand  pounds. 
In  his  special  message  of  May  14,  1760,  the  Lieutenant-Governor  notes  the 
repayment  of  this  loan. 


JAMES  DELANCEY,  1759.  639 

that  you  would  immediately  enable  me  to  comply  with  the 
General's  request,  by  making  provision  for  the  pay  of  the 
troops  for  one  month  longer,  and  for  a  supply  of  such 
necessaries  for  the  men  as  the  season  may  require,  to  en- 
courage them  to  continue  in  the  service  with  alacrity.  I 
need  not  tell  you  that  this  demands  dispatch.6 

GENTLEMEN. — You  must  be  sensible  that  the  Enemy  have 
had  but  very  small  supplies  of  provisions  this  year  from 
France,  and  that  most  of  the  men  in  Canada  having  been 
in  arms  this  summer,  their  crops  must  have  suffered 
greatly.  In  this  pressing  situation,  it  cannot  be  doubted 
but  that  they  will  use  their  utmost  efforts  to  re-possess 
themselves  of  their  strongholds,  if  it  were  only  with  a 
prospect  of  getting  subsistence  from  our  magazines;  but 
if  they  know  that  there  are  respectable  forts  to  oppose  them, 
and  find  that  the  works  are  completed,  they  must  lay  aside 
all  such  attempts  as  fruitless  and  vain. 

The  General  has  wrote  to  me  that  he  would  be  sorry  to 
expose  the  troops  to  any  unavoidable  hardships,  and  that 
he  will  not  keep  them  a  moment  longer  than  the  above  men- 
tioned services  absolutely  require;  and  I  can  depend  on  it 
he  will  not. 

GENTLEMEN. — This  Province  has  given  many  instances 
of  its  zeal  for  his  Majesty's  service.  You  will  add  this 
fresh  one,  more  especially  as  the  interest  of  these  countries 
is  so  nearly  concerned  in  this  measure,  and  it  would  be  un- 
becoming you  to  show  the  least  backwardness  on  this  oc- 
casion. 

I  am  to  acquaint  you  that  the  General  has  ordered  forty 
thousand  pounds,  sterling,  to  be  paid  into  the  Treasury,  in 
discharge  of  so  much  of  the  loan;  and  I  am  to  assure  you 


6  The  Assembly  adopted  a  resolution  the  same  day,  October  17th,  recom- 
mending that  provision  be  made  for  an  additional  month's  pay  for  the  troops, 
and  that  each  soldier  be  furnished  with  a  "  pair  of  shoes  and  stockings  and  a 
warm  waistcoat"  as  a  further  encouragement  to  continue  in  the  service. 
The  Assembly  agreed  to  provide  for  these  expenses  at  the  next  meeting. 


640  MESSAGES  FROM  THE  GOVERNOR. 

from  him,  that  the  residue  shall  be  punctually  repaid  within 
the  time  limited.     (See  note  5.) 

JAMES  DELANCEY." 

October  18.    The  Assembly  adjourned  to  the  first  day  of 
November. 


1759.    DECEMBER.    TWENTY-EIGHTH  ASSEMBLY,  SECOND  SESSION. 


JAMES  DE  LANCEY,  Lieutenant-Governor. 

A  quorum  appeared  on  the  6th  of  December,  at  which 
time  the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
It  is  with  the  highest  satisfaction  I  take  this  opportunity 
to  congratulate  you  on  the  many  great  successes  of  his 
Majesty's  arms  this  year,  both  in  Europe  and  America. 

The  signal  and  memorable  victory  obtained  over  the 
French  army  near  Minden,  the  defeat  of  the  French  fleet 
on  the  coast  of  Algrave,  the  conquest  of  Guadalupe,  the 
driving  the  French  from  their  strongholds  at  Ticonderoga 
and  Crown  Point,  whence  these  countries  have  been  so 
greatly  annoyed,  and  effectually  securing  possession  of 
them,  the  defeat  of  their  army  coming  to  the  relief  of 
Niagara,  and  the  reduction  of  the  fort  at  that  important 
pass,  and  lastly,  the  glorious  victory  gained  by  General 
Wolfe  over  the  enemy  on  the  plains  of  Abraham  near 
Quebec,  with  the  surrender  of  that  city,  the  metropolis  of 
Canada,  are  events  which  add  fresh  luster  to  the  reign  of 
the  best  of  Kings,  redound  highly  in  the  glory  of  his  Maj- 
esty's arms,  disappoint  the  intended  insult  of  the  enemy  on 


JAMES  DELANCEY,  1759.  641 

his  Kingdom  and  dominions,  and  open  to  these  colonies  a 
favorable  prospect  of  future  security. 

On  my  transmitting  to  his  Excellency  General  Amherst 
a  copy  of  the  act  granting  in  the  most  disinterested  manner 
a  loan  of  £150,000  for  carrying  on  his  Majesty's  service, 
he  desired  me  to  signify  to  you  the  true  sense  he  has  of 
your  loyalty  to  the  King  and  your  zeal  for  his  service,  in 
so  readily  and  cheerfully  contributing  towards  it  by  your 
compliance  with  his  request,  and  that  he  will  not  fail  to 
represent  your  conduct  on  this  occasion  to  his  Majesty's 
ministers  in  that  just  light  it  deserves. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — I  must  recom- 
mend to  you  the  making  provision  for  the  support  of  the 
officers  of  the  government;  amongst  these,  for  another 
judge  of  the  supreme  court,  an  officer  whom  the  course  of 
justice  obliged  me  to  appoint.1  At  the  same  time  you  will, 
agreeable  to  your  resolution  at  the  last  meeting,  provide 
for  the  further  pay  of  the  regiment  raised  in  this  Province, 
and  for  the  encouragement  voted  the  men  for  continuing  in 
the  service  beyond  the  time  at  first  intended. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  stamp  duty  may  be  regulated  in  such  a  manner  as  to 
produce  annually  a  much  larger  sum  than  it  does  at  present, 
without  any  heavy  burthen  on  the  subject.  This  merits 
your  consideration,  as  does  also  the  excessive  consumption 
of  spirituous  liquors,  of  which  the  public  may  justly  avail 
itself  by  an  augmentation  of  the  excise.2  And  here  it  may 
be  proper  to  point  out  to  you  a  defect  in  the  act  against 
private  lotteries,  for  though  the  law  be  sufficient  to  restrain 
them  in  this  government,  yet  it  seems  to  fall  short  of  the 
end  proposed,  as  it  leaves  this  a  mart  for  the  lotteries  set  on 
foot  in  other  Provinces.3 


1  Salaries  were  provided  for  by  an  act  passed  December  24,  1759,  chap.  1091, 
including  the  salary  of  an  additional  judge. 

2  An  excise  law,  chap.  1101,  was  passed  December  24,  1759. 

3  An  act   passed   December    24,    1759,    chap.    1100,   prohibited   the    sale   of 
tickets  of  any  lottery  "  schemed  or  erected  in  any  other  colony." 

41 


642  MESSAGES  FBOM  THE  GOVEBNOR. 

The  laws  necessary  to  be  continued  or  revived,  or  any 
others  which  you  shall  frame  for  his  Majesty's  service  and 
the  benefit  of  the  Province,  will  meet  with  my  ready  assent. 

JAMES  DE  LANCEY. 
City  of  New  York, 
6th  of  December,  1759. 

SPECIAL  MESSAGES. 

December  8.    Thanking  the  Council  for  its  address. 

December  12.  Thanking  the  Assembly  for  its  address, 
the  Lieutenant-Governor  said  the  colony  had  exerted  itself 
to  the  utmost  of  its  power  in  the  King's  service. 

December  24.  The  Assembly  adjourned  to  the  29th  of 
January,  but  did  not  meet  until  the  llth  of  March,  1760. 

1760.  March  12.  The  Lieutenant-Governor  sent  the  fol- 
lowing communication  to  both  Houses : 

11  It  was  with  the  highest  satisfaction,  I  took  the  oppor- 
tunity at  our  last  meeting,  in  December,  1759,  to  congratu- 
late you  on  the  many  and  great  successes  of  his  Majesty's 
arms  by  sea  and  land,  both  in  Europe  and  America,  during 
the  course  of  that  year. 

I  do  now  again  with  equal  pleasure  congratulate  you  on 
the  further  success  of  his  Majesty's  arms  at  sea,  in  that 
ever  memorable  year,  an  account  of  which  had  not  reached 
us  when  we  were  last  together ;  I  mean  the  glorious  victory 
gained  by  his  Majesty's  fleet  under  Sir  Edward  Hawk,  over 
the  French  fleet  on  the  coast  of  France,  whereby  that  grand 
armament,  destined  to  convoy  the  troops  designed  for  an 
attempt  on  Great  Britain  or  Ireland,  was  destroyed  or  dis- 
persed, and  the  enemy's  projects  to  invade  his  Majesty's 
kingdoms  totally  disappointed  and  defeated. 

On  the  20th  of  last  month  I  had  the  honor  of  a  letter 
from  the  Right  Hon.  Mr.  Secretary  Pitt,  bearing  date  the  7th 
of  January,  1760,  signifying  that  his  Majesty  having  nothing 
so  much  at  heart  as  to  improve  the  great  and  important 


JAMES  DELANCEY,  1760.  643 

advantages  gained  the  last  campaign  in  North  America, 
and  not  doubting  that  all  his  faithful' and  brave  subjects 
there  will  continue  most  cheerfully  to  co-operate  with  and 
second  to  the  utmost  the  large  expense  and  extraordinary 
succours  supplied  by  Great  Britain  for  their  preservation 
and  future  security,  by  completing  the  reduction  of  all 
Canada;  and  that  his  Majesty  not  judging  it  expedient  to 
limit  the  zeal  and  ardour  of  any  of  the  Provinces  by  mak- 
ing a  repartition  of  the  force  to  be  raised  by  each  respec- 
tively for  this  most  important  service;  it  is  the  King's 
pleasure  that  I  do  forthwith  use  my  utmost  endeavors  and 
influence  to  induce  you  to  raise,  with  all  possible  dispatch, 
within  this  government,  at  least  as  large  a  body  of  men  as 
you  did  for  the  last  campaign,  and  even  as  many  more  as 
the  number  of  its  inhabitants  may  allow,  to  be  formed  into 
regiments,  and  to  hold  themselves  in  readiness  as  early  as 
may  be  to  march  to  the  rendezvous  at  Albany  or  such  other 
place  as  his  Majesty's  Coinmander-in-Chief  in  America, 
shall  appoint,  in  order  to  proceed  from  thence,  in  con- 
junction with  a  body  of  the  King's  British  forces,  and 
under  the  supreme  command  of  his  Majesty's  said  Com- 
mander-in-Chief  in  America,  so  as  to  be  in  a  situation  to 
begin  the  operations  of  the  campaign  as  soon  as  shall  be 
any  way  practicable,  by  an  irruption  into  Canada,  in  order 
to  reduce  Montreal,  and  all  other  posts  belonging  to  the 
French  in  those  parts,  and  further  to  annoy  the  Enemy  in 
such  manner,  as  his  Majesty's  Commander-in-Chief,  shall 
from  his  knowledge  of  the  countries,  through  which  the  war 
is  to  be  carried  on,  and  from  emergent  circumstances  judge 
to  be  practicable. 

And  the  better  to  facilitate  this  important  service,  his 
Majesty  is  pleased  to  leave  it  to  me  to  issue  commissions 
to  such  gentlemen  of  this  Province  as  I  shall  judge  from 
their  weight  and  credit  with  the  people,  and  their  zeal  for 
the  public  service  may  be  best  disposed  and  able  to  quicken 


644  MESSAGES  FEOM  THE  GOVERNOR. 

and  effectuate  the  speedy  levying  of  the  greatest  number  of 
men,  and  all  officers  of  the  Provincial  forces,  as  high  as 
colonels  inclusive,  are  to  have  rank  according  to  their 
several  respective  commissions,  and  agreeable  to  the  regu- 
lations contained  in  his  Majesty's  warrant  of  the  30th  of 
December,  1757. 

The  King  is  further  pleased  to  furnish  all  the  men  so 
raised  with  arms,  ammunition  and  tents,  as  well  as  to  order 
provisions  to  be  issued  to  them  by  his  Majesty's  commis- 
saries, in  the  same  proportion  and  manner  as  is  done  to  the 
rest  of  the  King's  forces. 

A  sufficient  train  of  artillery  will  also  be  provided  at  his 
Majesty's  expense,  for  the  operations  of  the  campaign. 

Boats  and  vessels  necessary  for  the  transportation  of 
the  army  on  this  expedition  will  also  be  provided  at  the 
King's  charge. 

The  whole  therefore  that  his  Majesty  expects  and  re- 
quires from  the  several  Provinces  is  the  levying,  clothing 
and  pay  of  the  men;  and  on  these  heads  also,  that  no  en- 
couragement may  be  wanting  to  this  great  and  salutary  at- 
tempt, the  King  is  further  most  graciously  pleased  to  per- 
mit the  Right  Hon.  Mr.  Secretary  Pitt  to  acquaint  me  that 
strong  recommendations  will  be  made  to  Parliament  in 
their  session  next  year,  to  grant  a  proper  compensation  for 
such  expenses  as  above,  according  as  the  active  vigour  and 
strenuous  efforts  of  the  respective  Provinces  shall  justly 
appear  to  merit. 

I  am  also  to  inform  you,  that  similar  orders  are  sent  to 
New  Hampshire,  Massachusetts  Bay,  Rhode  Island,  Con- 
necticut, and  New  Jersey.  The  Southern  Governments  are 
also  directed  to  raise  men  in  the  same  manner,  to  be  em- 
ployed in  such  offensive  operations  as  the  circumstances 
and  situation  of  the  enemy's  posts  in  those  parts  may 
point  out;  which  it  is  hoped  will  oblige  them  so  to  divide 


JAMES  DELANCEY,  1760.  645 

their  attention  and  forces  as  may  make  the  several  attempts 
more  easy  and  successful.4 

GENTLEMEN. — I  have  now  laid  before  you  what  his  Maj- 
esty expects  from  this  Province.  The  confidence  the  King 
places  in  his  brave  and  faithful  subjects  here,  the  large 
expense  and  extraordinary  succours  supplied  by  our  Mother 
country,  his  Majesty's  most  gracious  intentions  that  strong 
recommendations  shall  be  made  to  Parliament  next  year 
to  grant  a  proper  compensation  for  the  expenses  of  these 
Provinces,  according  as  their  active  vigor  and  strenuous 
efforts  respectively  shall  justly  appear  to  merit;5  and 
lastly,  the  many  and  signal  successes  which  have  reduced 
Canada  within  narrow  bounds  and  may  be  considered  as 
happy  omens,  with  the  divine  blessing  of  future  success,  are 
such  strong  and  cogent  motives  that  it  seems  unnecessary 
for  me  to  add  anything  to  them  to  animate  your  zeal,  and 
excite  you  to  the  fulfilling  of  his  Majesty's  just  expecta- 
tions from  you,  on  this  great  occasion,  the  completing  th'e 
reduction  of  all  Canada. 

GENTLEMEN. — You  must  be  so  fully  sensible  that  the 
safety  and  welfare  of  America,  and  of  this  Province  in 
particular,  are  so  nearly  concerned  in  this  event  that  I 
cannot  entertain  the  least  doubt  but  that  you  will  proceed 
with  the  utmost  application  and  dispatch  in  this  promising 


4  Provision  was   made  for  raising  two  thousand   six  hundred  and   eighty 
men  to  become   part  of   an   army  of  twenty  thousand,   to   be   employed   in 
conjunction  with  regular  troops  for  the  purpose  of  reducing  Montreal  and 
other  parts  of  Canada,  by  an  act  passed  March  22,  1760,  chap.  1112,  which 
also  authorized  bills  of  credit  for  sixty  thousand  pounds.     The  act  authorized 
a  draft  from  the  militia  if  a  sufficient  number  of  men  did  not  volunteer  by  the 
28th  of  April. 

5  Parliament  appropriated  two  hundred  thousand  pounds  for  the  northern 
colonies,   of  which   New   York's   share   was  thirty   thousand   pounds.     In   a 
special  message  of  May  30th,  the  Lieutenant-Governor  recommended  that  a 
temporary  provision  be  made  for  this  amount  pending  the  transmission  of  the 
funds   from  England,   and  an  act  was  accordingly   passed  for  this  purpose 
June  10,  1760,  chap.  1117. 


646  MESSAGES  FROM  THE  GOVERNOR. 

and  decisive  crisis,  and  by  speedy  and  vigorous  resolu- 
tions enable  me  to  have  the  troops  of  this  Province  in 
readiness  to  attend  the  Commander-in-Chief  as  early  as 
it  shall  be  practicable  for  him  to  begin  his  operations. 

This  is  what  I  most  earnestly  recommend  to  you,  as 
being  for  the  honor,  credit  and  advantage  of  the  Province, 
and  what  I  have  reason  to  look  for  from  your  loyalty  and 
zeal  for  the  King's  service,  and  your  regard  for  the  lasting 
peace  and  prosperity  of  North  America. 

JAMES  DELANCEY." 

May  14.  The  Lieutenant-Governor  sent  the  following 
message  to  both  Houses: 

"  I  send  you  a  copy  of  his  Excellency  Governor  Pow- 
nall's  letter  to  me,  setting  forth  the  terrible  waste  made 
by  fire  in  the  town  of  Boston  on  the  20th  of  March  last, 
whereby  upwards  of  two  hundred  families  were  turned  out 
of  doors ;  the  greatest  part  of  whom  are  by  this  misfortune 
rendered  incapable  of  subsisting  themselves  without  the 
charitable  assistance  of  others. 

I  am  persuaded  your  hearts  will  be  touched  with  pity  for 
the  unhappy  sufferers,  and  that  you  will  readily  contribute 
to  their  relief.  Their  distresses  are  so  great  as  to  call  for 
public  succour  from  their  fellow  subjects.  I  earnestly  re- 
commend their  deplorable  case  to  your  compassion.6 

I  also  recommend  the  making  provision  for  discharging 
the  several  demands  on  the  Province;7  and  am  to  acquaint 
you  that  the  whole  of  the  one  hundred  and  fifty  thousand 
pounds,  lent  last  year  by  this  Province  for  carrying  on  his 
Majesty's  service,  is,  by  his  Excellency  General  Amherst's 
order,  repaid  into  the  Treasury. 

JAMES  DELANCEY." 


6  The  Legislature,  by  chap.   1119,  passed  June  10,  1760,  appropriated  two 
thousand  five  hundred  pounds  for  the  relief  of  the  sufferers  by  the  Boston  fire. 

7  An  act  for  the  payment  of  colonial  debts  was  passed  June  10,  1760,  chap. 
1116. 


CADWALLADEB  GOLDEN,  1760.  647 

May  30.  Informing  both  Houses  that  in  view  of  the 
probable  delay  in  receiving  New  York's  proportion  of  the 
two  hundred  thousand  pounds  appropriated  by  Parliament 
for  expenses  of  the  war,  provision  should  be  made  for  a 
temporary  deficiency  of  thirty  thousand  pounds.  (See 
note  5.) 

June  10.  The  Assembly  adjourned  to  the  first  day  of 
July. 


1760.    OCTOBER.    TWENTY- EIGHTH  ASSEMBLY,  THIRD  SESSION. 


CADWALLADER  GOLDEN,  President  of  the  Council 
and  Acting  Governor. 

The  Assembly  had  been  adjourned  from  the  10th  of  June 
to  the  1st  of  July,  but  was  continued  several  months  by  pro- 
rogations; two  of  these  were  by  Lieutenant-Governor  De 
Lancey,  the  last  being  on  the  29th  of  July.  Mr.  De  Lancey 
died  the  next  day,  July  30,  and  the  government  devolved 
upon  Cadwallader  Golden,  President  of  the  Council.  Other 
proclamations  proroguing  the  Assembly  were  issued  by  him 
from  time  to  time,  but  a  quorum  did  not  appear  until 
October  22,  at  which  time  Mr.  Golden,  as  acting  Governor, 
delivered,  in  the  presence  of  both  Houses,  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL,  AND  GENERAL  ASSEMBLY. — 
You  have  had  time  to  feel  the  heavy  loss  this  Province 
hath  sustained  by  the  death  of  the  Lieutenant-Governor — 
a  gentleman  whose  extensive  accomplishments  qualified 
him  in  a  superior  degree  for  the  duties  of  his  station. 

Sensible  of  my  own  inability,  I  should  with  the  greatest 
reluctance  have  assumed  the  reins  of  government  at  my 


648  MESSAGES  FKOM  THE  GOVERNOR. 

advanced  age,  had  I  not  reposed  an  entire  confidence  in 
your  readiness  to  advise  and  support  me  in  every  measure 
for  the  public  good,  and  that  all  deficiencies  on  my  part 
would  be  made  up  by  your  assistance. 

I  am  happy  in  congratulating  you  on  the  glorious  suc- 
cess of  his  Majesty's  arms  under  the  conduct  of  his  Ex- 
cellency General  Amherst,  which  has  completed  the  con- 
quest of  the  whole  country  of  Canada.  It  does  the  highest 
honor  to  the  General's  reputation  that  he  has  put  a  period 
to  an  enterprise  of  so  much  moment  with  so  little  effusion 
of  human  blood ;  and  the  clemency  with  which  he  has  on  this 
occasion  treated  the  vanquished,  furnishes  a  striking 
proof  of  the  different  disposition  of  the  two  nations.  The 
French  for  many  years  past,  meditating  the  ruin  of  these 
colonies,  have  not  scrupled  to  encourage  in  the  savages, 
their  allies,  a  spirit  of  the  most  brutal  inhumanity.  No 
sooner  had  the  English  recovered  an  influence  over  their 
Indians,  than  they  made  it  their  principal  care  to  restrain 
them  from  every  act  of  cruelty,  generously  employing  that 
authority  to  the  preservation  of  the  French,  which  in  their 
hands,  had  been  used  to  such  destructive  purposes  towards 
the  subjects  of  the  British  nation. 

Freed  from  the  calamities  which  so  lately  surrounded  us, 
we  have  now  before  us  the  pleasing  prospect  of  enjoying 
in  full  security  our  religious  and  civil  rights.  With  the 
deepest  sense  of  the  divine  goodness,  great  must  be  the 
duty  we  owe  to  the  best  of  Kings,  by  whose  paternal  care 
and  munificence  such  eminent  advantages  have  been  pro- 
cured for  his  people,  while  we  have  every  motive  that  can 
inspire  us  with  sentiments  of  love  and  gratitude  to  our 
mother  country,  whose  treasure  and  the  blood  of  whose 
heroes,  have  been  so  liberally  expended  in  this  contest. 
We  can  indeed  reflect  with  satisfaction  that  our  utmost 
endeavors  have  been  exerted  on  all  occasions  for  the  ad- 


CADWALLADER  GOLDEN,  1760.  649 

vancement  of  the  common  cause;  but  great  as  our  efforts 
have  been,  compared  to  our  abilities,  without  the  powerful 
aids  we  have  received  they  must  have  proved  ineffectual 
even  for  our  defence. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — At  present  I 
have  nothing  in  particular  to  recommend  to  you,  but  a  pro- 
vision for  the  support  of  his  Majesty's  government.1 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  have  every  inducement  that  can  excite  a  lover  of  his  coun- 
try to  study  and  promote  its  prosperity,  and  it  will  give  me 
the  greatest  pleasure  to  concur  with  you  in  whatever  may 
be  thought  necessary  for  this  end,  as  far  as  is  consistent 
with  the  powers  devolved  on  me  by  this  casual  accession  to 
the  administration. 

CADWALLADER  GOLDEN. 

Fort  George,  New  York, 
22  October,  1760. 

SPECIAL  MESSAGES. 

October  28.    Thanking  the  Council  for  its  address. 

October  29.  Thanking  the  Assembly  for  its  address, 
President  Golden  said :  * '  When  we  reflect  on  his  Majesty's 
unbounded  goodness  to  these  his  Colonies,  we  cannot  but 
rest  satisfied  that  their  future  welfare  will  ever  be  an  object 
of  his  royal  attention." 

November  8.  The  Assembly  was  adjourned  to  January 
6,  1761,  but  it  did  not  meet  again.  King  George  II  died  on 
the  25th  of  October,  1760,  and  by  his  death  the  Assembly 
was  deemed  to  have  been  dissolved.  George  III  became 
king  October  25, 1760. 


i  An  act  for  the  support  of  government,  chap.  1126,  wa3  passed  Novem- 
ber 8th. 


650  MESSAGES  FKOM  THE  GOVERNOR. 

1761.   MARCH.   TWENTY-NINTH  ASSEMBLY,  FIRST  SESSION. 


CADWALLADER  GOLDEN,  President  of  the  Council 
and  Acting  Governor. 

Writs  of  election  for  this  Assembly  were  returnable 
March  3d,  but  it  was  prorogued  to  the  10th,  when  a  quorum 
appeared  and  the  next  day  President  Golden  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Though  the  death  of  our  late  most  excellent  sovereign 
has  been  for  some  time  known  and  sincerely  lamented  by 
his  faithful  American  subjects,  I  cannot  pass  over  so  melan- 
choly an  event  without  condoling  with  you  on  this  severe 
and  afflicting  loss,  and  giving  you  an  opportunity  of  testify- 
ing the  grateful  reverence  you  have  for  the  memory  of  a 
King,  by  whose  wisdom  and  fortitude  the  inhabitants  of 
these  colonies  have  emerged  from  all  the  horrors  and 
miseries  of  a  cruel  and  destructive  war  into  the  actual  en- 
joyment of  conquest  and  full  security. 

How  great  reason  have  we  to  adore  the  goodness  of 
divine  Providence  that  we  can  turn  our  eyes  from  this  sub- 
ject of  universal  grief,  and  with  consolation  look  up  to  the 
illustrious  Prince,  who  with  the  throne  inherits  the  royal 
virtues  of  his  grandfather — virtues  which  never  fail  to 
make  a  monarch  glorious  and  a  people  happy?  That  we 
can  from  his  early  piety  and  amiable  endowments  securely 
confide  in  his  gracious  declaration  at  his  accession,  that  he 
will  make  it  the  business  of  his  life  to  promote  in  every- 
thing the  glory  and  happiness  of  his  Kingdoms,  to  pre- 
serve and  strengthen  the  constitution  both  in  Church  and 
State,  and  that  he  will  endeavor  to  prosecute  this  just  and 


CADWALLADER  GOLDEN,  1761.  651 

necessary  war  in  the  manner  the  most  likely  to  bring  on 
an  honorable  and  lasting  peace. 

Deeply  sensible  of  the  blessings  we 'enjoy  as  a  British 
colony,  let  us  unite  in  a  hearty  and  inviolable  attachment 
to  the  sacred  person  and  government  of  a  sovereign,  who 
considers  the  love  of  his  people  as  the  greatest  and  most 
permanent  security  of  his  throne,  and  approve  ourselves  on 
all  occasions  zealous  and  faithful  subjects. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — The  troops  hav- 
ing been  necessarily  detained  on  the  last  campaign  beyond 
the  time  for  which  pay  was  provided,  I  recommend  this  as 
a  matter  deserving  your  consideration.1 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  General  having  intimated  to  me  that  his  Majesty  would 
expect  an  aid  of  men  from  his  colonies,  I  called  you  to- 
gether that  I  might  impart  to  you  the  King's  commands 
as  early  as  possible  after  I  should  receive  them.2  Until 
this  shall  be  in  my  power,  you  will  apply  your  attention  to 
such  laws  as  are  necessary  to  be  continued,  or  to  any  other 
business  the  public  service  may  at  this  time  require,  in 
which  you  will  always  find  me  ready  to  concur. 

CADWALLADER  GOLDEN. 

Fort  George,  City  of  New  York, 
March  11,  1761. 

SPECIAL  MESSAGES. 

March  13.  The  Assembly  in  an  address  presented  to 
President  Golden  said: 

"  With  hearts  full  of  grief  we  embrace  this  opportunity 
to  condole  with  your  Honor  on  the  most  melancholy  and 

1  The  act  providing  for  an  additional   force  to  secure  the  results   of  the 
war,   passed  April   4th,  chap.   1145,   appropriated  three  thousand  pounds   for 
expenses  incurred  by  keeping  the  army  in  the  field  beyond  the  original  term 
of  enlistment. 

2  This  subject  was  again  referred  to  in  a  special  message  of  March  24th, 
and  an  act  was  passed  April  4th,  chap.  1145,  which  provided  for  raising  1,787 
men  to  be  employed  in  securing  his  Majesty's  conquests  in  North  America. 


652  MESSAGES  FROM  THE  GOVERNOR. 

afflicting  event,  of  the  death  of  our  late  most  gracious 
Sovereign,  whose  memory  will  be  ever  dear  to  all  his  faith- 
ful American  subjects,  and  from  whose  glorious  reign  we 
may  date  the  era  of  our  security  from  all  that  desolation, 
blood,  rapine  and  captivity,  to  which  we  and  our  ancestors 
have  been  perpetually  exposed  since  the  first  settlement 
of  this  part  of  America;  a  security  which  we  confidently 
hope  will  be  transmitted  entire  to  our  latest  posterity,  that 
children  yet  unborn  may  with  grateful  acclamations  com- 
memorate this  great  and  interesting  event. 

In  the  midst  of  this  universal  unaffected  grief,  we  behold 
and  adore  the  goodness  of  divine  Providence  in  bringing 
to  the  throne  a  Prince  who  with  the  Crown  inherits  all  the 
virtues  of  his  royal  predecessor;  a  Prince  from  whose 
gracious  declaration  at  his  accession,  that  he  will  make  it 
the  business  of  his  life  to  promote  in  everything  the  glory 
and  happiness  of  his  Kingdoms,  and  to  preserve  and 
strengthen  the  constitution  in  church  and  State,  all  his 
grateful  subjects  rely  with  confidence  on  the  uninterrupted 
enjoyment  of  their  sacred  and  civil  liberties. 

Truly  sensible  of  the  blessings  we  enjoy,  under  a  Sover- 
eign who  considers  the  love  of  his  People  as  the  greatest 
and  most  permanent  security  of  his  Throne,  we  shall  most 
heartily  unite  in  a  firm  adherence  to  his  sacred  person  and 
government,  and  on  every  occasion  study  to  show  ourselves 
dutiful,  loyal  and  faithful  subjects." 

President  Golden,  thanking  the  Assembly  for  this  ad- 
dress expressed  the  belief  that  the  good  effects  of  the  suc- 
cesses which  had  attended  the  reign  of  the  late  King  would 
be  perpetuated  to  posterity  by  the  new  Sovereign,  to  whom 
the  Assembly's  declaration  of  loyalty  and  a  firm  adherence 
to  his  person  and  government,  could  not  fail  of  being  highly 
acceptable.  The  same  day  the  President  thanked  the  Coun- 
cil for  a  similar  address. 

March  14.  The  President,  replying  to  a  request  by  the 
Assembly  for  permission  to  adjourn,  said  he  could  not 


CADWALLADER  GOLDEN,  1761.  653 

consent  to  an  adjournment  beyond  the  24th  instant,  for  the 
reason  that  he  was  daily  expecting  dispatches  from  Eng- 
land. The  Assembly  was  accordingly  adjourned  to  the  24th 
instant. 

March  24.  President  Golden  sent  the  following  com- 
munication to  both  Houses : 

' '  During  your  short  recess  I  have  received  a  letter  of 
the  17th  of  December  last  from  the  Bight  Honorable  Mr. 
Secretary  Pitt,  and  it  gives  me  pleasure  to  inform  you  that 
his  Majesty  having  nothing  so  much  at  heart  as  by  the  most 
vigorous  prosecution  of  the  war  to  reduce  the  enemy  to  the 
necessity  of  accepting  a  peace,  on  terms  of  glory  and  ad- 
vantage to  his  Majesty's  crown,  and  beneficial  in  particular 
to  his  subjects  in  America;  and  as  nothing  can  so  effec- 
tually contribute  to  that  great  and  essential  object  as  the 
King's  being  enabled  to  employ  as  immediately  as  may  be 
such  part  of  the  regular  forces  in  North  America  as  may 
be  adequate  to  some  great  and  important  enterprise  against 
the  enemy,  it  is  the  King's  pleasure  that  in  order  the 
better  to  provide  for  the  full  and  entire  security  of  his 
Majesty's  conquests  there  during  the  absence  of  such  part 
of  his  regular  forces,  I  should  earnestly  press  you  to  raise, 
with  all  possible  dispatch,  within  this  government,  two- 
thirds  of  the  number  of  men  you  did  for  the  last  campaign, 
to  be  formed  into  regiments  as  far  as  shall  be  found  conven- 
ient, to  hold  themselves  in  readiness,  (and  particularly  as 
much  earlier  than  former  years  as  may  be)  to  march  to  such 
place  or  places  in  North  America  as  his  Majesty's  Com- 
mander-in-Chief  shall  appoint,  in  order  to  be  employed 
there,  under  the  supreme  command  of  his  Majesty's  said 
Commander-in-Chief  in  America,  in  such  manner  as  he 
shall  judge  most  conducive  to  the  King's  service. 

And  the  better  to  facilitate  this  important  end,  the  King 
is  pleased  to  leave  it  to  me  to  issue  commissions  to  such 
gentlemen  of  this  Province  as  I  shall  judge  from  their 


654  MESSAGES  FROM  THE  GOVERNOR. 

weight  and  credit  with  the  people,  and  their  zeal  for  the 
public  service,  may  be  best  disposed  and  able  to  quicken 
and  effectuate  the  speedy  levying  of  the  greatest  number  of 
men;  and  all  officers  of  the  Provincial  forces,  as  high  as 
colonels  inclusive,  are  to  have  rank,  according  to  their 
respective  commissions,  agreeable  to  the  regulations  con- 
tained in  his  late  Majesty's  warrant  of  the  30th  of  Decem- 
ber, 1757,  which  is  renewed  by  his  present  Majesty. 

The  King  is  further  pleased  to  furnish  all  the  men  so 
raised  with  arms,  ammunition  and  tents,  as  well  as  to  order 
provisions  to  be  issued  to  them  by  his  Majesty's  commis- 
saries, in  the  same  proportion  and  manner  as  is  done  to  the 
rest  of  his  Forces. 

The  whole  therefore  that  his  Majesty  expects  and  re- 
quires from  the  several  Provinces  is  the  levying,  clothing 
and  pay  of  the  men;  and  on  these  heads  also,  that  no  en- 
couragement may  be  wanting  to  this  great  and  salutary 
service,  the  King  is  further  most  graciously  pleased  to  per- 
mit his  Secretary  of  State  to  acquaint  me  that  strong  rec- 
ommendations will  be  made  to  Parliament  in  their  session 
next  year,  to  grant  a  proper  compensation  for  such  ex- 
penses as  above,  according  as  the  active  vigor  and  stren- 
uous efforts  of  the  respective  Provinces  shall  justly  appear 
to  merit. 

I  am  likewise  to  inform  you  that  similar  orders  are  sent 
to  New  Hampshire,  Massachusetts  Bay,  Connecticut,  Ehode 
Island  and  New  Jersey.  The  Southern  Governments  are 
also  directed  to  raise  men  in  the  same  manner,  to  be  em- 
ployed in  such  offensive  operations  as  the  circumstances 
and  situation  of  the  enemy's  posts,  and  the  state  and  dis- 
position of  the  Indian  Nations  on  that  side,  may  point  out 
and  require. 

Such  are  his  Majesty's  gracious  measures,  formed  to 
procure  peace  with  glory  to  his  Crown,  and  advantage  to 
his  subjects  in  general,  but  with  a  more  immediate  view  to 


CADWALLADEK  GOLDEN,  1761.  655 

the  'security  of  his  American  Dominions,  and  the  welfare 
of  this  Province  in  particular;  I  cannot  therefore  doubt 
of  your  hearty  compliance  with  his  Majesty's  just  expecta- 
tions, especially  when  we  reflect  with  what  tenderness  he 
requires  that  assistance  which  the  public  good,  and  your 
own  peculiar  happiness,  render  so  necessary;  and  how  de- 
sirous he  is  of  alleviating  the  burthen  which  might  other- 
wise fall  too  heavy  on  you. 

The  loyalty  of  the  people  of  this  Province,  and  their  in- 
variable regard  to  the  honor  and  interest  of  their  country, 
have  been  so  conspicuous  during  this  expensive  conflict, 
that  it  would  be  injurious  to  suspect  that  your  zeal  can 
slacken,  or  that  in  this  decisive  juncture  you  can  be  in- 
fluenced by  any  consideration  from  continuing  cheerfully 
to  exert  your  utmost  efforts,  until  the  great  and  good  pur- 
poses his  Majesty  has  in  view,  shall  be  effectually  accom- 
plished. 

Unanimity  and  dispatch  appear  then  only  necessary  for 
me  to  urge  on  this  subject ;  and  I  earnestly  press  you,  by  the 
vigor  of  your  resolutions,  to  enable  me  to  have  the  forces 
in  the  field  as  soon  as  possible ;  and  by  that  means  prevent 
as  much  as  may  be  the  prejudice  the  King's  service  might 
suffer  from  the  delay  unavoidably  created  by  the  miscar- 
riage of  his  Majesty's  more  early  commands  on  this  inter- 
esting occasion.  (See  note  2.) 

CADWALLADER  GOLDEN." 

April  3.  Recommending  the  erection  of  a  light  house 
at  Sandy  Hook.  The  President  said  the  spot  best  adapted 
to  this  purpose  was  in  the  Province  of  New  Jersey,  and  he 
suggested  that  authority  be  given  him  to  communicate  with 
the  legislature  of  that  Province,  which  was  then  in  session.3 


3  An  act  passed  May  19th,  chap.  1147,  appointed  commissioners  who  were 
authorized  to  purchase  land  at  Sandy  Hook,  and  erect  thereon  a  light  house, 
fhe  money  appropriated  for  this  purpose,  three  thousand  pounds,  was  to  be 
raised  by  lottery. 


656  MESSAGES  FROM  THE  GOVERNOR. 

May  6.  Urging  the  immediate  adoption  of  measures  to 
carry  out  the  provisions  of  the  army  act,  passed  April  4, 
chapter  1145.4 

May  19.  The  Assembly  was  adjourned  to  the  16th  of 
June. 


1761.    SEPTEMBER.    TWENTY-NINTH  ASSEMBLY,  SECOND  SESSION. 


CADWALLADER  GOLDEN,  Lieutenant-Governor. 

Mr.  Golden  was  appointed  Lieutenant-Governor  April  14, 
1761,  and  took  the  oath  of  office  on  the  8th  of  August.  The 
Assembly  met  September  1,  and  the  next  day  the  Lieuten- 
ant-Governor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Since  our  last  meeting  I  have  the  honor  of  his  Majesty's 
commission  appointing  me  his  Lieutenant-Governor.  As 
this  is  a  mark  of  the  royal  approbation,  my  thanks  are  due 


4  In  response  to  this  recommendation  the  Assembly,  on  the  9th  of  May, 
adopted  a  resolution  which  declared,  among  other  things,  that  the  colony 
had  already  fully  complied  with  all  the  King's  requisitions  in  connection  with 
the  war;  that  by  declining  to  enact  a  law  providing  for  a  draft  or  detach- 
ment of  militia,  the  colony,  already  burdened  with  expense  of  the  war,  would 
not  only  be  saved  above  sixteen  thousand  pounds  "  but  that  the  greater  part 
of  the  men  required,  will  be  more  expeditiously  raised;  and  this  they  find 
already  verified  by  experience,  for  whenever  a  power  has  been  given  to  detach, 
it  has  always  been  the  practice  of  those  who  were  determined  to  go  into  the 
service,  to  decline  doing  it  till  the  day  appointed  for  a  detachment,  in  order 
to  exact  exorbitant  sums  from  those  whom  their  particular  circumstances 
would  not  permit  to  make  a  campaign;  and  the  committee  have  good  informa- 
tion that  numbers  who  are  now  willing  to  go  into  the  service,  decline  doing 
of  it,  from  a  distant  hope  that  such  a  law  will  still  be  passed;  and  are 
persuaded,  when  it  is  publicly  known  that  no  such  law  will  be  passed,  the 
recruiting  officers  if  they  do  their  duty,  will  find  it  very  easy  to  complete 
the  levies." 


CADWALLADEE  GOLDEN,  1761.  657 

to  you  for  that  effectual  support  and  assistance  so  readily 
afforded  on  your  part,  and  so  necessary  to  mine  in  the 
discharge  of  the  weighty  duties  of  government. 

The  time  for  which  the  forces  raised  in  the  Province  were 
enlisted,  already  near  expiring,  it  is  not  possible  the  regu- 
lar troops  destined  for  the  important  intended  expedition 
can  return  before  it  is  elapsed,  and  as  in  their  absence  a 
small  body  of  men  will  be  necessary  for  the  protection  of 
the  several  forts  and  the  whole  country,  his  Excellency 
General  Amherst,  by  his  letter  of  the  fifteenth  of  June,  now 
laid  before  you,  desires  me  to  recommend  your  continuing 
in  pay  for  a  longer  period  a  company  to  consist  of  one 
hundred  and  seventy-three  men,  including  a  captain  and 
three  subalterns,  the  quota  of  this  government,  agreeable 
to  the  numbers  required  of  the  several  colonies  for  this 
essential  service.1 

Your  meeting  could  not  have  taken  place,  after  the  re- 
ceipt of  the  General's  letter,  earlier  than  the  harvest,  a 
season  so  inconvenient  that  by  the  advice  of  his  Majesty's 
council,  who  were  of  opinion  you  would  not  hesitate  in 
complying  with  this  moderate  and  necessary  requisition, 
I  delayed  calling  you  together  till  this  time. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  The  supplies 
to  be  granted  bear  so  little  proportion  to  what  we  might 
have  expected,  and  to  that  weight  of  expense  you  have 
hitherto  cheerfully  sustained,  that  to  press  you  to  it  by 
arguments  may  be  thought  injurious  to  that  zeal  for  his 
Majesty's  service  and  the  safety  of  the  colonies,  so  con- 
spicuous in  your  own  and  the  conduct  of  the  representa- 
tives of  the  loyal  people  of  this  Province  on  every  former 
occasion. 

The  present  unfavorable  disposition  of  the  Indians  on 
the  borders  of  Ulster  and  Orange  creates  great  uneasiness 


i  In  response  to  this  recommendation  an  act  was  passed  September  llth, 
chap.  1152,  providing  for  one  hundred  seventy- three  volunteers  for  frontier 
service. 

42 


658  MESSAGES  FROM  THE  GOVERNOR. 

among  the  inhabitants.  The  information  I  have  received 
will  be  communicated,  and  as  some  expense  may  be  in- 
curred in  the  prosecution  of  the  measures  necessary  to 
deter  these  savages  from  acts  of  violence,  and  to  bring 
them  back  to  their  duty,  you  will  consider  whether  it  may 
not  be  prudent  by  some  fund  for  contingent  services  to 
strengthen  the  hands  of  government,  that  the  most  effectual 
protection  may  be  given  to  the  settlements  on  any  emer- 
gency. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
What  appears  immediately  essential  for  your  deliberation 
I  have  laid  before  you.  It  would  afford  me  the  greatest 
pleasure  to  contribute  to  the  happiness,  ease  and  pros- 
perity of  the  good  people  of  this  Province,  but  as  the 
powers  of  government  will  probably  soon  be  lodged  in  the 
hands  of  Major-General  Monckton,  whose  services  his 
Majesty  hath  been  pleased  to  distinguish  by  constituting 
him  his  Captain-General  and  Governor-in-Chief,  I  think  it 
improper  for  me  to  recommend  anything  to  you  which  may 
be  delayed  without  public  inconvenience. 

CADWALLADER  GOLDEN. 

Fort  George  New  York 
2d  September  1761. 

SPECIAL  MESSAGES. 

September  4.  Lieutenant-Governor  Golden  thanked  the 
Council  for  its  address,  and  approved  its  complimentary 
reference  to  General  Amherst  whose  "  fortitude,  wisdom 
and  benevolence  have  justly  acquired  him  the  confidence 
and  esteem  of  his  Majesty's  subjects." 

September  4.  Transmitting  letters  from  residents  of 
Ulster  county  relative  to  the  uneasiness  of  the  people  in 
that  county  at  the  threats  and  bad  dispositions  of  the 
Indians. 


CADWALLADER  GOLDEN,  1761.  659 

September  5.     Thanking  the  Assembly  for  its  address. 
September  11.    The  Assembly  adjourned  to  November 
10th. 


1761.    NOVEMBER.    TWENTY-NINTH  ASSEMBLY,  THIRD  SESSION. 


CADWALLADER  GOLDEN,  Lieutenant-Governor. 

On  the  4th  day  of  May,  1761,  Major-General  Eobert 
Monckton,  who  had  rendered  distinguished  service  for  the 
Colonies  in  recent  campaigns,  was  appointed  Governor  of 
New  York.  In  a  letter  from  him  to  the  Lords  of  Trade, 
dated  November  10,  1761,  he  says  he  received  his  commis- 
sion on  the  20th  of  October,  and  took  the  oath  of  office  on 
the  26th,  but  with  his  commission  came  also  a  leave  of 
absence  granted  by  the  King  to  quit  the  Province,  and  go 
on  an  expedition  that  was  then  fitting  out  in  New  York, 
and  that  in  consequence  of  his  expected  absence  he  had 
not  entered  into  anything  more  than  the  necessary  forms 
of  government.  November  13th  he  delivered  the  seals  of 
office  to  Lieutenant-Governor  Golden,  who  again  became 
acting  Governor. 

November  25th  the  Assembly  resumed  business,  and  the 
Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
His  Majesty's  service  requiring  the  absence  of  his  Excel- 
lency the  Governor-in-Chief,  it  shall  be  my  earnest  en- 
deavor, with  your  assistance,  that  the  interest  of  the 
Province  during  this  emergency  suffer  as  little  as  possible. 

In  the  present  happy  conjuncture,  when  our  gracious 
Sovereign  has  nothing  to  demand  of  you  that  calls  for  your 
particular  aid,  your  attention  will  be  confined  to  what  more 


660  MESSAGES  FEOM  THE  GOVERNOR. 

immediately  relates  to  the  internal  concerns  of  government 
and  the  welfare  and  prosperity  of  the  colony. 

Complaints  of  the  dilatory  proceedings  in  the  courts  of 
law  and  of  the  heavy  expense  in  obtaining  justice,  are  so 
general  and  frequent  that  they  well  deserve  your  attention. 
I  therefore  recommend  to  you  to  inquire  into  the  grounds 
of  these  complaints,  and  if  found  just,  to  apply  a  remedy 
adequate  to  so  great  an  evil.  Without  doubt,  it  is  the  duty 
and  in  the  power  of  the  Legislature  to  give  relief  in  every 
public  grievance.  The  delay  of  justice  is  a  denial  of  it  for 
a  time,  and  is  often,  when  attended  with  great  expense, 
of  worse  consequence  to  individuals  than  the  absolute 
refusal  of  justice.  The  security  of  government  and  the 
well-being  of  society  are  founded  on  the  equal  distribution 
of  justice,  which  cannot  prevail  in  its  proper  extent  while 
the  expense  in  obtaining  it  is  insupportable  to  many. 

The  excessive  number  of  tipling  houses  throughout  the 
Province  points  out  the  utility  of  a  law  to  restrain  them. 
They  are  ruinous  to  many  poor  families  that  might  other- 
wise be  useful  to  the  community,  and  destructive  of  the 
morals  of  servants  and  slaves ;  evils  so  prevalent  and  per- 
nicious as  to  claim  your  most  serious  consideration.1 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  Besides  the 
support  of  his  Majesty's  government  usually  provided  for 
at  this  season,2  I  have  only  to  recommend  that  you  will 
supply  any  deficiency  which  shall  appear  in  the  moneys 
already  appropriated  for  the  pay  of  the  forces  to  the  first 
of  this  month,  the  time  of  their  discharge. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Nothing  will  afford  me  more  real  satisfaction  than  con- 
tributing to  the  well-being  and  future  happiness  of  the 
good  people  of  this  Province,  and  you  may  be  assured  that 

1  An  excise  law  was  passed  at  this  session,  December  31,  1761,  chap.  1159, 
but  it  apparently  did  not  limit  the  number  of  tipling  houses. 

2  The  usual  act  for  the  support  of  government  was  passed   December  31, 
1761,  chap.  1155. 


CADWALLADEB  GOLDEN,  1761.  661 

whatever  you  shall  propose  conducive  to  this  end  and  con- 
sistent with  my  duty  to  his  Majesty  will  find  my  ready 
concurrence  and  assent.  / 

CADWALLADER  GOLDEN. 

Fort  George,  New  York, 
25th  November,  1761. 

SPECIAL  MESSAGES. 

November  30.  The  Council  presented  an  address  to  the 
Lieutenant-Governor  containing  the  following  observations 
relative  to  judicial  proceedings: 

' '  Dilatory  proceedings  in  the  courts  of  law,  and  a  heavy 
expense  in  obtaining  justice,  are  objects  which  so  sensibly 
affect  the  public,  that  they  certainly  claim  the  serious  atten- 
tion of  the  Legislature ;  and  if  upon  inquiry  the  complaints 
appear  well  grounded  and  just,  your  Honor  may  be  assured 
of  our  hearty  concurrence  in  applying  a  remedy  adequate 
to  the  evil.  Oppressions  of  all  kinds  are  truly  odious,  but 
surely  those  are  of  the  most  pernicious  nature  that  assume 
the  face  of  justice. ' ' 

The  Lieutenant-Governor,  thanking  the  Council  for  its 
address,  said  that  complaints  relative  to  delay  in  courts  of 
justice  had  gone  so  far  as  to  reach  the  royal  ear. 

December  1.  Thanking  the  Assembly  for  its  address, 
the  Lieutenant-Governor  said  that  each  branch  of  the 
Legislature  had  an  equal  right  to  judge  as  to  what  would 
be  for  the  benefit  of  the  country,  but  that  methods  might 
be  proposed  which  would  be  inconsistent  with  the  English 
constitution;  "  or  under  a  pretence  of  a  benefit,  a  small 
dependant  State  may  attempt  to  set  bounds  to,  and  restrain 
the  rights  and  prerogative  of  the  King  of  Great  Britain. 
In  these  cases,  though  the  benefit  be  real,  the  method  pro- 
posed for  procuring  it  may  be  inconsistent  with  the  duty 
of  every  officer  who  has  the  honor  to  serve  the  Crown; 


662  MESSAGES  FKOM  THE  GOVERNOR. 

especially  if  the  same  benefit  may  be  more  effectually 
obtained  by  methods  to  which  no  exceptions  lie." 

December  11.  Transmitting  sundry  accounts  of  de- 
mands against  the  colony. 

December  16.  Informing  both  Houses  that  Benjamin 
Pratt  had  been  appointed  chief  justice,  and  recommending 
that  provision  be  made  for  an  adequate  salary.3 

December  29.  The  Lieutenant-Governor,  Council  and 
Assembly  joined  in  an  address  to  the  King,  congratulating 
him  on  his  marriage. 

1762.  January  8.  The  Assembly  was  prorogued  to  the 
16th  day  of  February. 


1762.     MARCH.     TWENTY-NINTH  ASSEMBLY,  FOURTH  SESSION. 


CADWALLADER  GOLDEN,  Lieutenant-Governor. 

The  Assembly  met  the  2d  of  March,  and  the  next  day  the 
Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Our  gracious  sovereign  having  seen  his  good  dispositions 
to  restore  the  public  tranquillity  entirely  frustrated  by  the 
insincerity  and  chicane  of  the  Court  of  Versailles  in  the 
late  negotiation,  and  being  determined  to  secure  and  im- 
prove the  important  advantages  acquired  on  this  continent 
in  the  course  of  the  present  successful  war,  and  to  reduce 
the  enemy  to  the  necessity  of  accepting  a  peace  on  terms 
glorious  to  his  Crown  and  beneficial  in  particular  to  his 
subjects  in  America;  and  considering  that  nothing  can  so 

3  By  the  salaries  act,  passed  December  31,  1761,  chap.  1156,  the  compensa- 
tion of  Chief  Justice  Pratt  was  fixed  at  three  hundred  pounds  per  annum. 


CADWALLADER  GOLDEN,  1762.  663 

effectually  contribute  to  these  essential  objects  as  his  being 
enabled  immediately  to  employ  a  part  of  his  regular  forces, 
adequate  to  some  important  enterprise  against  the  enemy; 
His  Majesty  therefore,  in  order  the  better  to  provide  for 
the  security  of  his  dominions,  and  particularly  his  con- 
quests in  North  America  during  the  absence  of  his  regular 
troops  so  employed,  has  been  pleased  to  command  me  earn- 
estly to  press  you  to  raise  within  this  government  as  soon 
as  possible,  at  least  the  same  number  of  men  as  the  last 
year,  to  be  formed  into  regiments,  and  employed  in  North 
America,  under  the  supreme  command  of  his  Majesty's 
Commander-in-Chief,  in  such  manner  as  he  shall  judge 
most  conducive  to  the  King's  service.1  All  his  Majesty 
requires  on  this  head  from  the  several  Provinces,  which 
are  likewise  now  called  upon  for  their  respective  quotas, 
is  the  levying,  clothing  and  pay  of  the  men,  His  Majesty 
being  graciously  pleased  not  only  to  provide  the  officers 
the  rank,  but  the  troops  with  provisions  and  equipage  as 
on  the  former  campaigns.  And  that  no  encouragement 
may  be  wanting  to  this  great  and  salutary  service,  the  King 
is  pleased  to  permit  his  Secretary  of  State  to  acquaint  me 
that  strong  recommendations  will  be  made  to  Parliament 
to  grant  a  proper  compensation,  according  as  the  active 
vigor  and  strenuous  efforts  of  the  respective  Provinces 
shall  justly  appear  to  merit. 

His  Majesty  having  also  taken  into  his  most  serious  con- 
sideration how  highly  essential  it  is  to  the  interests  and 
security  of  his  subjects  in  North  America  that  the  regular 
regiments  serving  there  be  recruited  with  all  convenient 
expedition  to  their  full  complement  of  effectives,  and  at  the 
same  time  seeing  the  impracticability  of  completing  them 
from  Great  Britain,  considering  how  that  country  is  drained 


i  The  Legislature  responded  to  this  recommendation  by  an  act  passed 
March  20th,  chap.  1172,  which  provided  for  raising  seventeen  hundred  eighty- 
seven  men. 


664  MESSAGES  FROM  THE  GOVERNOR. 

by  the  great  number  of  men  furnished  for  the  various 
services  in  all  parts  of  the  world,  I  am,  in  obedience  to 
his  Majesty's  commands,  likewise  to  recommend  that  you 
will  provide  for  the  raising  of  four  hundred  and  seventy- 
nine  men,  by  granting  the  same  levy  money  to  these  as  to 
the  others,  which  number  is  the  quota  of  this  Province, 
agreeable  to  the  proportions  to  be  furnished  from  the  other 
colonies,  towards  completing  the  regular  regiments  which 
have  been  sent  to  America  for  the  defence  and  protection 
of  the  possessions  of  his  Majesty's  subjects  there;2  and  as 
a  farther  encouragement  to  induce  the  men  to  enter  into 
the  regular  service,  his  Excellency,  Sir  Jeffery  Amherst, 
Commander-in-Chief  of  his  Majesty's  forces,  will  allow  an 
additional  bounty  of  five  pounds  New  York  currency  to 
each  man,  not  under  eighteen  nor  above  forty  years  of  age, 
who  shall  enlist  to  serve  during  the  war,  or  until  the  regi- 
ments return  to  Europe,  and  to  the  provincial  officers,  forty 
shillings,  like  money,  for  every  man  they  shall  enlist  on 
the  above  conditions,  that  shall  be  approved  of  by  an  officer 
whom  the  general  shall  appoint ;  and  to  render  this  service 
effectual,  it  is  expected  that  the  colonies  do  also  provide 
for  replacing  such  men  of  their  respective  quotas  as  shall 
desert,  which  is  conceived  may  be  a  means  to  prevent  their 
leaving  their  corps. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  Having  laid 
before  you  the  several  services  which  call  for  your  aid  at 
this  time,  I  must  ask  of  you  supplies  adequate  to  their 
importance  and  exigency,  earnestly  recommending  that  no 
argument  may  have  weight  in  your  deliberations,  that  can 
have  the  least  tendency  to  check  a  fresh  exertion  of  your 
abilities,  as  no  expense  can  justly  be  thought  burthensome 
that  is  necessary  to  secure  to  yourselves  the  great  advan- 
tages you  already  enjoy,  and  which  there  is  now  the  fairest 


2  An  additional  force  of  479  men  was  provided  for  by  an  act  passed  March 
20th,  chap.  1173. 


CADWALLADER  GOLDEN,  1762.  665 

prospect  will  be  confirmed  and  transmitted  to  your  pos- 
terity in  a  more  eminent  degree  by  a  solid  and  lasting 
tranquillity. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Though  the  present  situation  of  affairs  would  have  fully 
justified  the  requisition  of  as  large  a  number  of  men  as  the 
colonies  have  ever  raised  for  any  of  the  former  campaigns, 
yet  his  Majesty,  desirous  to  ease  the  burthens  of  his  faith- 
ful subjects  as  far  as  shall  be  consistent  with  their  own 
safety,  has  been  pleased  to  require  only  the  same  number 
of  men  as  for  the  last  year,  in  order  thereby  to  facilitate 
the  completing  the  regular  regiments  by  recruits  to  be 
furnished  from  the  Provinces  of  North  America,  a  measure 
so  essential  and  which  the  King  has  so  much  at  heart,  that 
any  failure  or  disappointment  therein  would  be  extremely 
disagreeable  to  his  Majesty,  as  it  must  be  highly  prejudicial 
to  his  service. 

These  colonies  so  nearly  concerned  in  the  present  war, 
his  Majesty  is  persuaded  from  a  due  sense  of  his  tender 
and  paternal  care  for  their  welfare,  will  in  return  show  a 
ready  and  cheerful  compliance  with  his  demands  in  their 
fullest  extent;  and  were  anything  further  necessary  to 
animate  your  zeal  in  this  important  conjuncture,  which  is 
finally  to  fix  the  future  safety  and  welfare  of  America  and 
of  this  Province  in  particular,  I  would  urge  what  I  doubt 
not  you  will  persevere  in,  that  steady  and  spirited  conduct 
of  the  people  of  this  colony  at  all  times,  when  called  on  in 
the  prosecution  of  this  war;  a  conduct  which  highly 
approves  them  to  their  Sovereign,  and  while  it  reflects 
honor  on  themselves,  must  endear  them  to  their  mother 
country,  confident  that  actuated  by  the  same  principles  and 
influenced  by  considerations  so  powerful  and  interesting, 
your  loyalty  and  zeal  will  be  equally  ardent  and  conspicuous 
when  your  resolutions  must  be  so  essential  to  that  desirable 
object  of  reducing  the  enemy  to  the  necessity  of  accepting 


666  MESSAGES  FROM  THE  GOVERNOR. 

a  peace  on  terms  of  glory  and  advantage  to  his  Majesty's 
crown  and  beneficial  to  his  people. 

CADWALLADEB  GOLDEN. 
Fort  George,  New  York, 
3d  March,  1762. 

SPECIAL  MESSAGES. 

March  6  and  9.  Thanking  the  Council  and  Assembly 
respectively  for  their  addresses. 

May  4.  The  Lieutenant-Governor  sent  the  following 
communication  to  both  Houses : 

"  The  declaration  of  war  with  Spain,  so  immediately 
succeeding  his  Majesty's  late  requisition  of  these  Colonies, 
shows  in  a  pointed  light,  with  what  propriety  the  King 
might  have  expected  an  exertion  on  their  part,  equal  to 
their  efforts  in  any  preceding  year;  though  he  graciously 
condescended,  in  ease  of  his  faithful  subjects,  to  moderate 
the  demand  of  Provincial  levies,  to  two-thirds  of  the  num- 
ber formerly  raised. 

That  his  Majesty's  designs  against  the  enemy  may  not 
be  retarded  or  disappointed,  I  am  commanded  to  complete 
the  forces  provided  for  as  early  as  possible.  Everything 
in  my  power  conducive  to  that  end  I  have  done;  and  it  is 
with  real  concern  I  find  my  endeavors  less  effectual  than 
those  of  the  neighboring  governments,  who  have  I  am 
informed,  completed  their'numbers,  while  the  quota  of  this 
Province,  generally  first  in  the  field,  appears  by  the  returns 
to  be  greatly  deficient.  So  unusual  a  backwardness  is  I 
apprehend  to  be  solely  imputed  to  the  reduction  of  the 
bounty  from  fifteen  to  the  sum  of  ten  pounds. 

Tour  meeting  therefore  became  indispensably  necessary 
to  remove  the  difficulties  this  essential  service  labors  under. 
There  are  many  dispersed  throughout  the  Province,  who 
after  receiving  the  public  bounty  deserted  in  the  former 
campaigns.  It  is  but  just  in  the  present  emergency  to 


CADWALLADEE  GOLDEN,  1762.  667 

oblige  these  to  enlist;  and  I  conceive,  it  would  be  of  great 
utility  to  impress  all  others,  who  having  no  visible  employ- 
ment or  means  of  subsistence  are  a  burthen,  and  even  dan- 
gerous to  the  community. 

I  recommend  this  only  as  an  expedient  that  may  make 
the  duty  fall  less  heavy  on  more  useful  members ;  and  when 
you  reflect  that  the  further  operations  of  his  Majesty's 
arms  are  absolutely  necessary  to  secure  the  advantages  of 
a  war,  hitherto  extensively  successful,  I  can  have  no  doubt 
of  your  exerting  the  utmost  efforts  to  effectuate  a  measure, 
with  which  the  honor  of  his  Majesty,  and  the  reputation 
and  safety  of  the  colony  are  so  nearly  connected.3 

CADWALLADER  GOLDEN." 

May  18.  The  Lieutenant-Governor  sent  the  following 
communication  to  both  Houses: 

"  From  a  general  return  of  the  enlistments  now  laid 
before  you,  it  appears  there  are  still  wanting  436  men,  to 
complete  the  quota  provided  for ;  exclusive  of  what  may  be 
short  at  Oswego.  If  to  these  we  add  the  difference  between 
the  numbers  enlisted,  and  those  who  pass  muster,  which  will 
probably  be  greater  than  usual,  the  deficiency  is  too  con- 
siderable, and  the  public  service  too  pressing,  not  to  require 
the  most  speedy  provision. 

It  is  evident  the  present  war  with  France  took  its  rise 
from  a  determined  resolution  to  restrain  her  unjust  en- 


3  The  next  day,  the  5th  of  May,  the  Assembly  passed  resolutions,  ox- 
pressing  the  opinion  that  the  slow  enlistment  of  men  was  not  due  to  the  re- 
duction of  bounty  from  fifteen  to  ten  pounds,  which  bounty  of  ten  pounds  ex- 
ceeded that  of  any  other  American  colony.  The  resolution  also  declared  that 
there  was  no  unusual  backwardness  in  enlistments,  some  twelve  hundred  men 
having  already  enlisted;  also  that  no  adequate  results  could  be  accomplished 
by  an  act  requiring  deserters  in  a  former  campaign  to  serve  in  the  present 
war.  The  Assembly  further  expressed  the  opinion  that  "to  impress  such  as 
have  no  visible  means  of  subsistence,  would  rather  tend  to  prejudice  the 
service,  as  it  would  prevent  straggling  people  from  coming  in  this  colony,  who 
when  they  do  come,  do  many  of  them,  enlist  voluntarily." 


668  MESSAGES  FROM  THE  GOVERNOR. 

croachments  on  these  Colonies.  The  principal  operations 
have  ever  since  been  conducted  with  an  immediate  view  to 
their  safety.  And  the  same  gracious  purpose  is  manifested  in 
the  spirited  measures  his  Majesty  is  pursuing  at  this  time ; 
while  we  must  be  gratefully  sensible,  that  the  chief  burthen 
of  the  expense  hath  fallen  upon,  and  is  still  cheerfully  sup- 
ported by  Great  Britain,  although  now  highly  augmented 
by  a  new  rupture,  in  which  we  are  involved  through  the 
arrogance  and  jealousy  of  the  Spaniards;  who,  impatient 
of  the  many  important  acquisitions  of  his  Majesty's  arms 
in  America,  propose  by  the  addition  of  their  weight,  to  turn 
the  scale,  and  prevent  the  salutary  effects  we  had  reason 
to  expect  from  a  series  of  victories  and  conquests.  WitH 
what  justice  then  does  the  King  require  an  aid  so  reason- 
able and  necessary  from  his  faithful  colonies,  and  how 
great  will  be  his  disappointment,  if  when  the  Mother  Country 
is  exerting  her  strength,  they  should  not  in  imitation  of 
their  great  example,  do  everything  in  their  power  towards 
the  success  of  measures,  essential  to  their  own  future  happi- 
ness and  security?  I  therefore  earnestly  recommend,  that 
you  will  now  effectually  enable  me,  without  loss  of  time,  to 
complete  the  levies,  lest  after  the  most  signal  proofs  of 
loyalty,  you  should  expose  yourselves  to  reproach,  by  slack- 
ening your  zeal  for  the  common  good,  at  this  important 
conjuncture.4 

CADWALLADER  COLDEN." 

May  22.    The  Assembly  adjourned  to  the  15th  of  June. 


4  The  Assembly  on  the  21st  of  May,   passed  a  resolution   offering  an  ad- 
ditional bounty  for  the  immediate  enlistment  of  men  for  this  service. 


1762.    NOVEMBER.    TWENTY-NINTH  ASSEMBLY,  FIFTH  SESSION. 

ROBERT  MONCKTON,  Governor. 

The  Assembly  had  been  adjourned  to  June  15th,  but  did 
not  meet  until  November  16th,  when  the  Governor  delivered 
the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
I  have  the  great  happiness  to  congratulate  you  on  the 
auspicious  birth  of  a  prince,  an  event  which  must  inspire 
every  British  subject  with  the  most  grateful  sentiments  of 
the  Divine  goodness,  as  it  promises  security  and  perma- 
nency to  the  inestimable  blessings  derived  to  our  country 
from  our  gracious  sovereign  and  his  illustrious  house. 

The  military  operations  since  your  recess  are  also  a 
source  of  public  joy  and  exultation.  Havannah  [Havana], 
the  key  to  the  settlements  and  treasures  of  Spain,  fortified 
by  all  the  advantages  of  art,  and  defended  with  vigor  and 
obstinacy,  is  gloriously  subjected  to  his  Majesty's  domin- 
ion, and  by  the  capture  of  all  the  ships  in  that  port,  the 
marine  of  our  enemy  most  essentially  debilitated. 

The  commercial  settlement  of  St.  John's  in  Newfound- 
land, seized  by  a  feeble  effort  of  the  declining  power  of 
France,  is  happily  regained,  by  a  well-timed  and  spirited 
enterprise,  wisely  projected  and  gallantly  executed. 

These  eminent  successes  which  add  fresh  lustre  to  the 
established  reputation  of  his  Majesty's  arms,  are  the  more 
interesting  as  they  must  at  this  critical  conjuncture  be  of 
the  utmost  moment  in  advancing  that  great  and  desirable 
object,  a  glorious  and  a  solid  peace. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  His  Excellency 
Sir  Jeffery  Amherst,  in  the  beginning  of  August,  having 
requested  me  to  recommend  to  you  to  provide  for  the  con- 
tinuing in  pay  of  a  company  of  one  hundred  and  seventy- 


670  MESSAGES  FKOM  THE  GOVERNOR. 

three  men,  including  a  captain  and  three  subalterns,  his 
Majesty's  Council,  confident  that  the  same  zeal  would 
influence  you  to  this  necessary  measure  which  had  induced 
you  to  support  it  the  last  year,  advised  me  to  delay  calling 
you  together,  until  the  ordinary  season  of  your  meeting, 
and  in  the  meantime  to  give  orders  for  the  enlistments,  in 
consequence  of  which  this  corps  is  now  nearly  completed. 
From  the  dispersed  situation  of  his  Majesty's  regular 
troops  employed  in  many  various  services,  and  the  absolute 
necessity  of  garrisoning  the  extended  posts  on  this  con- 
tinent during  the  winter,  the  propriety  of  this  requisition 
must  be  too  apparent  to  need  any  arguments  to  enforce  it. 
I  therefore  do  not  in  the  least  doubt  but  you  will  very 
readily  make  the  provision  required.1 

The  support  of  his  Majesty's  government  expiring  the 
first  of  September,  it  is  my  duty  to  recommend  this  to  your 
early  attention.2  The  dignity  and  importance  of  the  office 
of  chief  justice  and  of  the  judges  who  are  intrusted  with 
the  lives  and  rights  of  the  subjects,  render  it  as  essential 
to  your  own  happiness  and  security,  as  it  is  to  the  honor 
of  the  Crown,  that  a  suitable  augmentation  be  made  to  their 
salaries,  that  this  high  trust  may  not  fall  into  contempt, 
but  be  rendered  worthy  the  exercise  of  men  of  approved 
merit,  learning  and  ability.  On  this  point,  it  is  proper  I 
inform  you  that  by  his  Majesty's  additional  instruction 
to  me  I  am  restrained  from  assenting  to  any  act  by  which 
the  tenure  of  the  commissions  to  the  judges  shall  in  any 
manner  be  regulated  or  ascertained.3 

The  Provincial  troops  have  unavoidably  been  employed 
longer  than  the  time  appointed  by  law,  and  many  of  them 


1  An  act  passed  December  llth,  chap.  1185,  provided  for  the  enlistment  of 
one  hundred  and  seventy-three  men  for  service  on  the  frontiers. 

2  An  act  for  the  support  of  government  was  passed  December  llth,  chap. 
1183. 

3  The  salaries  act  of  December  31,  1761,  chap.  1156,  made  an  appropriation 
for  the  compensation  of  the  chief  justice  and  associate  justices,  provided  they 
held  their   commissions  during  good  behavior.     This   limitation  was  disap- 


ROBEBT  MONCKTON,  1762.  671 

who  have  served  abroad,  from  the  fatigues  and  climate  to 
which  they  have  been  exposed,  will  stanpl  in  need  of  relief. 
I  therefore  urge  you  to  make  sufficient  provision  that  those 
who  have  engaged  and  suffered  in  the  defence  of  their 
country  may  be  supported  at  her  expense  on  their  return 
and  until  they  can  arrive  at  their  habitations. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY.— 
Among  the  laws  which  require  your  consideration,  I  must 
point  out  to  you  the  necessity  of  reviving  those  for  billeting 
and  quartering  the  King's  troops,4  and  the  impressing  of 
horses  and  carriages,  experience  having  shown  the  imprac- 
ticability of  carrying  on  the  public  service  with  effect  with- 
out the  aid  of  these  laws. 

The  just  sense  I  entertain  of  the  honor  the  King  has 
conferred  on  me  in  my  appointment  to  this  government, 
and  my  sincere  and  ardent  desire  to  promote  the  welfare 
and  felicity  of  the  people  committed  to  my  care,  will  always 
induce  me  with  pleasure  and  alacrity  to  support  and  en- 
courage every  measure  and  every  object  that  can  tend  to 
his  Majesty's  service  and  their  well-being  and  prosperity, 
in  which  I  cannot  fail  of  having  your  hearty  concurrence. 
Actuated  by  these  principles,  I  flatter  myself  I  shall  enjoy 
that  inward  and  solid  satisfaction  which  must  be  the  re- 
ward of  an  upright  and  disinterested  administration. 

EGBERT  MONCKTON. 
Fort  George,  New  York, 
16  November,  1762. 


proved,  as  appears  from  the  Governor's  speech,  and  the  salaries  act  passed 
at  this  session,  December  llth,  chap.  1184,  did  not  contain  the  limitation 
relative  to  commissions  during  good  behavior. 

The  Assembly,  however,  deemed  the  subject  of  sufficient  importance  to 
warrant  an  address  to  the  King,  which  was  agreed  to  on  the  llth  of  De- 
cember, and  duly  transmitted.  In  this  address  the  Assembly  sets  forth  the 
dangers  of  an  irresponsible  judiciary,  and  prays  that  permission  be  granted 
to  enact  laws  which  should  enable  the  colony  to  exercise  some  control  over  the 
judiciary,  which  could  not  be  had  if  the  judges  received  commissions  author- 
izing them  to  hold  office  during  the  King's  pleasure. 

4  An  act  for  quartering  soldiers  was  passed  December  llth,  chap.  1187. 


672  MESSAGES  FROM  THE  GOVERNOR. 

SPECIAL  MESSAGES. 

November  18  and  19.  Thanking  the  Council  and  Assem- 
bly respectively  for  their  addresses. 

November  24.  Eecommending  a  survey  of  the  line  be- 
tween the  counties  of  Ulster  and  Albany ;  also  that  the  law 
dividing  the  colony  into  counties  be  revised  and  amended 
' '  that  by  fixing  the  several  lines  with  precision  and  exact- 
ness, the  inconvenience  of  a  doubtful  jurisdiction  may  be 
avoided. ' ' 5 

November  24.  The  Governor  sent  the  following  com- 
munication to  both  Houses : 

"  No  provision  being  made  for  defraying  any  expense 
however  necessary,  in  the  carrying  on  prosecutions  at  the 
suit  of  the  Crown,  the  public  justice  is  in  danger  of  suffer- 
ing, and  in  some  instances  may  be  defeated.  At  the  same 
time,  I  cannot  avoid  observing  that  his  Majesty's  attorney- 
general,  the  only  officer  who  prosecutes  for  the  Crown, 
after  the  most  able  and  faithful  discharge  of  his  trust,  has 
no  recompense  adequate  to  service  so  essential  to  the  com- 
munity; the  law  not  giving  any  costs  in  criminal  causes. 
I  therefore  recommend  these  matters  to  your  consideration, 
not  doubting  but  you  will  provide  lor  them  amply  and 
effectually.6 

EOBEET  MONCKTON." 

December  3.  Eecommending  the  immediate  adoption  of 
measures  for  settling  the  boundary  line  between  New  York 
and  New  Jersey.7 

6  December  1st,  the  Assembly  adopted  a  resolution  favoring  a  revision  of 
the  law  relative  to  county  boundaries,  but  in  order  to  give  time  for  con- 
sideration, appointed  a  committee  with  instructions  to  bring  in  a  bill  at  the 
first  meeting  of  the  Assembly  after  the  first  day  of  June,  1763.  The  subject 
was  brought  up  at  the  next  session,  November  29,  1763,  and  a  resolution  waa 
adopted  postponing  action  until  after  the  1st  of  March,  1764. 

8  The  salaries  act,  passed  December  llth,  chap.  1184,  appropriated  three 
hundred  pounds  to  the  Attorney-General  for  extraordinary  expenses. 

1  By  an  act  passed  December  llth,  chap.  1188,  questions  involving  the 
title  to  lands  held  under  New  York  grants,  and  which  were  affected  by  dis- 
putes relative  to  the  boundary  between  New  York  and  New  Jersey  were  sub- 
mitted to  the  King  for  determination. 


CADWALLADER  GOLDEN,  1763.  673 

December  3.  Urging  the  enactment  of  laws  relative  to 
quartering  soldiers  and  impressments  for  military  service. 
(See  note.  4.) 

December  4.  Transmitting  an  account  for  expenses  in- 
curred in  repairs  to  the  Governor's  house  in  the  fort.8 

December  11.  The  Assembly  was  adjourned  to  the  first 
Tuesday  in  February,  1763. 


1763.    NOVEMBER    TWENTY-NINTH  ASSEMBLY,  SIXTH  SESSION. 


CADWALLADER  GOLDEN,  Lieutenant-Governor. 

The  Assembly  had  been  adjourned  to  the  first  Tuesday  of 
February,  1763,  but  it  did  not  meet  until  the  8th  of  No- 
vember. In  the  meantime,  Governor  Monckton,  intending 
to  go  to  England,  had  on  the  25th  of  June  delivered  the 
seals  to  Lieutenant-Governor  Golden,  who  again  assumed 
the  executive  office.  November  9th  the  Lieutenant-Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  great  and  desirable  work  of  peace  being  by  the  wisdom 
and  magnanimity  of  our  gracious  sovereign  happily  accom- 
plished since  your  recess,  I  cordially  congratulate  you  on 
this  joyful  event  so  highly  glorious  to  his  Majesty,  and 
extensively  beneficial  to  his  people.  His  American  subjects 
who  will  derive  from  it  a  security  unknown  since  the  first 
establishment  of  these  colonies,  must  receive  this  mark  of 
the  royal  attention  to  their  interest  and  safety  with  the 
warmest  sentiments  of  loyalty,  gratitude  and  affection. 


8  This  account  for  repairs  on  the  Governor's  house  was  provided  for  bv 
appropriations  contained  in  an  act  passed  December  llth,  chap.  1193,  to  re- 
imburse the  treasurer  for  certain  advances. 

43 


674  MESSAGES  FROM  THE  GOVERNOR. 

The  enjoyment  of  solid  tranquillity  is  however  unhappily 
suspended  by  the  daring  and  unprovoked  attacks  of  some  of 
the  Western  tribes  of  Indians,  who  under  the  specious  ap- 
pearance of  friendship  have  treacherously  surprised  some 
of  our  remote  posts  and  are  in  open  war,  renewing  with 
relentless  cruelty  that  horror  and  desolation  among  the 
defenceless  inhabitants  from  which  they  were  so  recently 
delivered. 

To  suppress  this  dangerous  defection  pregnant  with  the 
most  fatal  evils  before  it  becomes  more  extensive  and  for- 
midable is  our  indispensable  duty. 

The  preservation  of  our  own  frontier  should  be  our  first 
and  immediate  care,  every  motive  of  policy,  justice  and 
humanity  unitedly  demanding  the  protection  of  our  fellow 
subjects,  whose  distant  and  dispersed  situation  must  other- 
wise leave  them  an  easy  prey  to  merciless  savages. 

But  barely  to  defend  ourselves  would  be  giving  the 
enemy  every  advantage,  and  expose  us  to  perpetual  dis- 
quietude. It  is  necessary  a  force  should  be  raised,  suffi- 
cient to  chastise  these  faithless  people,  that  feeling  the 
weight  of  our  resentment  they  may  be  awed  for  the  future 
by  the  fear  of  punishment,  experience  evincing  that  des- 
titute of  every  just  and  humane  principle  nothing  else  can 
secure  us  against  their  continual  ravages  and  depredations. 

Since  then  not  only  the  prosperity  of  the  colony,  but  the 
very  existence  of  a  great  part  of  it  depend  on  the  most 
active  and  spirited  measures,  no  arguments  can  be  wanting 
to  animate  you  to  a  vigorous  exertion  of  your  strength  in 
the  accomplishment  of  this  essential  object. 

I  shall  therefore  content  myself  with  laying  before  you  a 
letter  I  received  from  his  Excellency  Sir  JefFery  Amherst, 
Commander-in-Chief  of  his  Majesty's  forces,  pressing  this 
government  to  furnish  a  proportion  of  men  to  proceed 
early  in  the  spring,  in  conjunction  with  the  regular  troops 
on  this  important  service.  Did  the  subject  require  it,  his 


CADWALLADEE  GOLDEN,  1763.  675 

superior  abilities  would  render  it  unnecessary  for  me  to 
enforce  what  he  so  wisely  urges  for  subduing  that  restless, 
fierce  and  cruel  spirit  of  the  savages,  the  source  of  the  most 
dreadful  calamities. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — I  flattered  my- 
sel-f  the  ordinary  support  of  his  Majesty's  government 
would  have  been  the  only  aid  required  of  you  at  this  time, 
but  the  unexpected  revolt  of  the  Indians  renders  a  much 
greater  expense  unavoidable.  Besides  providing  for  the 
company  now  posted  at  Fort  Ontario,  Niagara  and  Detroit, 
which  General  Monckton,  by  the  advice  of  his  Majesty's 
council  a  few  days  before  his  departure,  directed  to  be  con- 
tinued on  that  service,  I  earnestly  recommend  you  will 
grant  the  necessary  supplies  for  raising,  clothing  and  pay- 
ing a  body  of  forces,  sufficient  with  the  other  troops  to 
avert  the  dangers  we  fear,  avenge  the  injuries  we  have  re- 
ceived, and  convince  the  savages  of  our  ability  to  compel 
them  to  submission.1 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  enemy  have  already  infested  the  border  of  Orange  and 
Ulster,  and  though  I  am  confident  of  the  spirit  and  activity 
of  the  militia,  yet  as  this  duty  will  soon  be  too*  severely  felt, 
I  assure  myself  you  will  enable  me  to  ease  them,  and  by 
the  most  vigorous  resolutions  in  this  important  conjunc- 
ture, secure  to  yourselves  the  great  advantages  of  a  peace 
peculiarly  calculated  for  the  happiness  of  America. 

CADWALLADER  GOLDEN. 
Fort  George,  New  York, 
9th  November,  1763. 

The  following  is  a  copy  of  the  letter  from  General  Am- 
herst  mentioned  in  Lieutenant-Governor  Golden 's  speech: 

1  An  act  passed  December  13th,  chap.  1210,  provided  for  raising  three 
hundred  men  for  service  in  the  Indian  war,  three  hundred  for  guarding  the 
western  frontiers,  and  one  hundred  and  seventy-three  for  frontier  garrisons. 


676  MESSAGES  FROM  THE  GOVERNOR. 

"  New  York,  October  30, 1763. 

Sir. — On  a  due  consideration  of  the  most  probable  meas- 
ures for  crushing  the  present  insurrection  of  the  Indians, 
and  punishing  the  guilty  as  they  deserve,  I  find  it  abso- 
lutely necessary  to  make  application  to  the  Provinces  most 
nearly  concerned,  that  a  respectable  body  of  men  may  be 
raised,  so  as  to  proceed  early  in  the  Spring,  in  conjunction 
with  such  regular  troops  as  can  be  collected,  to  put  in  execu- 
tion such  offensive  operations  as  may  be  judged  most 
effectual  for  reducing  the  savages,  and  securing  peace  and 
quiet  to  the  settlements  hereafter. 

I  am  in  great  hopes  that  the  Provinces  to  the  southward 
will  cheerfully  raise  such  quotas,  as  may  be  required  of 
them,  for  reducing  the  Delawares,  Shawanese,  and  other 
tribes  on  that  side;  and  as  I  intend  to  assemble  a  respec- 
table body  of  men  early  in  the  Spring  at  Niagara,  for  the 
punishment  of  the  Seneca's,  and  other  savages  on  Lake 
Erie,  &c.  who  have  so  treacherously  commenced  and  are 
now  carrying  on  hostilities  against  us,  I  think  it  but  reason- 
able that  the  Provinces  of  New  York  and  New  Jersey 
should  contribute  their  shares  towards  a  service  of  so  much 
consequence  to  the  future  security  of  their  respective  in- 
habitants; and  therefore  I  am  now  to  lay  before  you  a 
requisition  which  I  am  persuaded  will  not  only  meet  with 
a  proper  reception  from  you,  but  that  you  will  enforce  the 
same  to  your  Council  and  Assembly,  backed  with  such  argu- 
ments, (if  any  arguments  can  be  necessary  on  such  an  oc- 
casion) as  will  at  once  remove  every  obstacle  that  could  be 
started  to  a  compliance  therewith. 

The  proportion  I  must  demand  from  your  Province,  is 
fourteen  hundred  men,  exclusive  of  commissioned  officers, 
twelve  hundred  to  be  divided  in  four  corps  of  five  com- 
panies each,  commanded  by  a  field  officer,  who  may  have 
the  rank  of  major;  and  each  company  to  consist  of  a  cap- 
tain and  two  subalterns  and  sixty  men,  including  three  ser- 


CADWALLADEK  GOLDEN,  1763.  677 

geants  and  three  corporals ;  the  other  two  hundred  to  have 
a  field  officer,  and  to  consist  of  four  companies  of  fifty  men 
each,  with  the  commissioned  and  non-commissioned  officers 
as  above;  for  the  service  on  which  they  will  be  employed, 
requires  that  there  should  be  a  good  many  officers.  The 
men  to  be  clothed  but  in  a  light  manner;  a  cloth  jacket, 
flannel  waistcoat,  leggins,  &c.  will  be  sufficient;  and  it 
will  be  necessary  that  the  whole  are  raised,  and  ready  to 
proceed  to  Albany  by  the  first  of  March  next. 

But  as  the  settlements  on  the  Mohawk  river  are  open  to 
the  enemy,  and  that  it  is  not  in  my  power  at  present,  to 
spare  regulars  for  their  protection,  so  much  as  I  wish  to  do, 
I  must  recommend  it  to  you  to  use  your  influence  with  the 
Assembly  to  raise  five  companies,  of  the  above  mentioned 
quota  with  the  utmost  expedition,  that  they  may  be  posted 
during  the  winter  on  the  communication  between  Albany 
and  Oswego,  and  be  ready  for  any  service  they  may  be 
called  for,  which  may  be  a  great  means  of  preventing  any 
incursions  that  might  be  attempted  by  the  savages,  and 
give  that  confidence  to  the  inhabitants  which  is  so  neces- 
sary to  enable  them  to  repel  by  force  in  case  of  an  attack. 

Particular  care  should  be  taken  that  in  recruiting  the 
men,  none  should  be  raised  but  such  as  are  able  bodied; 
neither  too  young,  nor  too  old,  but  fit  for  the  most  active 
and  alert  service. 

Although  by  an  order  from  home,  the  regular  troops  are 
subject  to  a  stoppage  for  the  provisions  issued  to  them  be- 
longing to  the  Crown,  yet  upon  this  occasion  I  will  take 
upon  me  to  order  provisions  to  the  Provincial  Troops  that 
shall  be  raised  and  take  the  field;  and  they  shall  likewise 
be  provided  with  arms,  unless  any  of  them  choose  to  bring 
their  own  arms,  for  which  they  shall  have  the  same  allow- 
ance as  was  made  in  former  campaigns,  should  any  of 
them  be  lost,  or  damaged  in  actual  service.  Tents  will  also 
be  furnished  to  them  as  formerly. 


678  MESSAGES  FROM  THE  GOVERNOR. 

The  time  of  service  may  be  limited  to  the  first  of  Novem- 
ber, although  it  is  much  to  be  hoped  everything  will  be 
finished  long  before  that  period,  in  which  case  the  men  will 
be  sent  back  to  the  Province. 

I  am  with  great  regard,  Sir,  your  most  obedient  humble 
servant, 

JEFFEEY  AMHERST." 

SPECIAL  MESSAGES. 

November  10.  Transmitting  letters  from  General  Am- 
herst,  Sir  William  Johnson  and  sundry  other  papers  rela- 
tive to  the  Indian  war.  (See  note  1.) 

November  11.    Thanking  the  Council  for  its  address. 

November  16.  The  Assembly  presented  an  address  to 
the  Lieutenant-Governor,  which  after  speaking  of  the  bene- 
fits to  be  derived  from  the  recent  conquest  of  Canada,  and 
the  treaty  of  peace,  says  that  these  inestimable  blessings 
had  been  ravished  from  the  colony  by  a  savage  enemy.  The 
address  continues:  "This  colony  alone,  by  the  prudent 
measures  it  pursued,  with  very  little  assistance  from  the 
Crown,  or  the  neighboring  colonies,  has  maintained  a 
friendly  intercourse  with  the  Six  Nations,  for  near  a  cen- 
tury; from  what  causes  the  horror  and  desolation  neces- 
sarily consequent  to  a  general  defection  of  those  savages 
are  now  like  to  arise,  it  concerns  us  much  to  know,  that  an 
effectual  remedy  may  be  applied  to  so  great  an  evil"  and 
the  Lieutenant-Governor  was  asked  for  full  information  on 
the  subject. 

The  Lieutenant-Governor  in  his  reply  to  the  address, 
said  he  was  unable  to  form  any  intelligent  opinion  concern- 
ing the  defection  among  the  Indians;  that  unacquainted 
with  any  just  grounds  of  complaint  they  have  against  the 
Colony,  he  could  only  attribute  it  to  that  "  spirit  of  cruelty 
and  rapacity  for  which  they  have  ever  been  distinguished. " 
He  said  further  that  ' '  to  apply  a  remedy  to  so  great  an 


CADWALLADEK  GOLDEN,  1763.  679 

evil,  is  become  absolutely  necessary.  Sir  Jeffery  Amherst 
hath  had  better  opportunities  of  being  well  informed,  than 
any  other  person  can  have;  hath  wisely  unproved  them  to 
the  best  purposes;  hath  on  all  occasions,  formed  his  plans 
with  the  greatest  precaution,  and  they  have  been  attended 
with  glorious  success;  we  have  therefore  great  reason  to 
confide  in  his  judgment.  No  endeavors  of  mine  shall  be 
wanting  to  lessen  the  burthen  of  the  expense  on  this  Prov- 
ince; and  it  is  with  the  greatest  satisfaction  I  find  in  you, 
should  the  other  colonies  refuse  their  aid,  a  fixed  resolution 
to  exert  yourselves  to  the  utmost  of  your  ability. ' ' 

December  2.  Transmitting  several  accounts  of  demands 
against  the  colony. 

December  12.  Transmitting  accounts  for  services  ren- 
dered by  the  first  and  second  regiments  of  Ulster  county  in 
guarding  the  frontiers. 

December  20.  The  Assembly  adjourned  to  the  7th  of 
February,  1764. 


1764.    APRIL.    TWENTY-NINTH  ASSEMBLY,  SEVENTH  SESSION. 


CADWALLADER   GOLDEN,   Lieutenant-Governor. 

The  Assembly  met  April  17,  but  a  quorum  did  not  ap- 
pear until  the  19th,  at  which  time  the  Lieutenant-Governor 
delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Inconvenient  as  it  must  be  to  many  of  you,  I  should  not 
have  called  you  together  at  this  season  could  I  have  taken 
upon  myself  to  disband  the  guards  upon  the  frontiers,  for 
whom  you  have  only  provided  to  the  first  of  next  month. 

Since  your  recess  affairs  with  respect  to  the  Indians 


680  MESSAGES  FROM  THE  GOVERNOR. 

have  taken  a  more  favorable  turn;  several  of  the  western 
tribes  at  Detroit,  dispirited  by  the  gallant  and  obstinate 
defence  of  that  post,  were  intimidated  to  a  submission 
while  parties  of  the  Six  Confederate  Nations  now  in  general 
well  affected  in  our  interest,  are  actually  gone  to  chastise 
the  Delawares,  and  those  other  tribes  who  have  committed 
such  insolent  ravages.  I  am  confident  that  encouraged  by 
the  prospect  of  speedily  terminating  this  destructive  rup- 
ture, no  efforts  will  be  wanting  on  your  part  to  promote 
that  tranquillity  which  is  so  essential  to  your  own  welfare 
and  the  general  prosperity  of  these  colonies,  and  this  will  be 
most  effectually  done  by  showing  ourselves  prepared  for 
all  events. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — The  Preserva- 
tion of  your  frontier  still  requires  your  attention.  I  must 
also  recommend  your  making  provision  for  the  company 
lately  posted  at  Oswego,  the  General  who  considers  this 
corps  as  destined  to  join  the  regular  forces  having  desired 
that  it  may  be  completed  and  in  readiness  for  immediate 
service.1 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  troops  being  in  motion,  it  is  necessary  that  your  reso- 
lutions be  attended  with  dispatch  that  I  may  give  the 
proper  orders  before  it  be  too  late  to  carry  them  into  exe- 
cution. 

CADWALLADEE  GOLDEN. 

Fort  George,  New  York, 
19th  April,  1764. 

SPECIAL  MESSAGES. 

April  20  and  21.  Thanking  the  Council  and  Assembly 
respectively  for  their  addresses. 

April  21.    The  Assembly  adjourned  to  the  8th  of  May. 


1  Provision  was  made  for  one  hundred  and  eighty  men  for  service  against 
the  enemy  Indians,  by  an  act  passed  April  21st,  chap.  1237. 


1764.     SEPTEMBER.     TWENTY-NINTH  ASSEMBLY,  EIGHTH  SESSION. 

' 


CADWALLADER  GOLDEN,  Lieutenant-Governor. 

The  Assembly  had  been  adjourned  to  the  8th  of  Hay,  but 
did  not  meet  until  the  4th  of  September,  and  the  next  day 
the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
Desirous  to  consult  your  ease,  I  have  called  you  together 
at  a  season  represented  to  me  as  the  most  convenient  for 
yourselves. 

Your  enabling  me  to  place  guards  on  the  exposed  parts 
of  the  frontier  hath  been  attended  with  the  most  salutary 
effects;  the  people  having  remained  entirely  free  from  the 
incursions  of  the  Indians,  who  seldom  attack  those  they 
find  prepared  for  defence. 

With  great  satisfaction  I  congratulate  you  on  the  peace 
lately  concluded  with  the  several  Indian  nations  at  Niagara, 
through  the  ability,  experience,  and  zealous  efforts  of  Sir 
William  Johnson.  The  army  collected  to  chastise  them 
while  it  facilitated  this  happy  measure,  must  by  impressing 
on  the  minds  of  the  Indians  a  high  sense  of  our  power, 
render  their  submission  more  firm  and  lasting.  It  will  give 
you  peculiar  pleasure  to  be  informed  that  his  Majesty 
graciously  distinguishes  and  approves  your  conduct  in  pro- 
viding for  the  troops  now  in  your  pay,  who  have  greatly 
contributed  towards  the  general  service. 

GENTLEMEN  OP  THE  GENERAL  ASSEMBLY. — With  the  sup- 
port of  his  Majesty's  government,  I  recommend  the  dis- 
charge of  the  public  debts.1  Emergencies  often  arise  which 


i  An  act  for  the  support  of  government,  chap.   1239,  and   an  act  to  pay 
public  debts,  chap.  1246,  were  passed  October  20th. 

[681] 


682  MESSAGES  FROM  THE  GOVERNOR. 

make  it  necessary  to  have  recourse  to  private  persons; 
public  credit  ought  therefore  inviolably  to  be  preserved. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  law  granting  a  bounty  on  hemp  is  expired  without  its 
intended  effect.  There  are  large  tracts  of  land  in  this 
Province  well  adapted  to  the  production  of  this  valuable 
article,  which  by  proper  means  may  become  a  staple  highly 
beneficial  to  us,  and  is  an  object  so  interesting  to  our 
mother  country  as  to  have  received  encouragement  from 
the  British  Parliament.  The  farmers  in  general  are  igno- 
rant both  of  its  culture  and  preparation  for  manufacture. 
Rewards  therefore  are  requisite  to  excite  their  attention 
and  animate  them  to  the  pursuit  of  this  important  branch 
of  husbandry.  On  the  revival  of  the  act,  I  hope  all  ranks 
in  the  mercantile  as  well  as  the  landed  interest  will  unite 
in  promoting  a  design  calculated  for  their  common  advan- 
tage, and  eminently  conducive  to  the  prosperity  of  the 
colony.2 

CADWALLADER  GOLDEN. 

Fort  George,  New  York, 
5th  September,  1764. 

SPECIAL  MESSAGES. 

September  5.    Thanking  the  Council  for  its  address. 

September  12.  The  Assembly  presented  to  the  Lieuten- 
ant-Governor  an  address,  which  among  other  things,  refer- 
red as  follows  to  the  termination  of  the  Indian  war: 

' '  Nor  less  do  we  receive  from  the  information  your 
Honor  gives,  that  a  peace  is  concluded  with  the  several 
Nations  of  Indians  at  Niagara,  through  the  ability,  experi- 
ence and  zealous  efforts  of  Sir  William  Johnson,  and  that 
it  was  facilitated  by  the  army.  This  will  free  us  we  hope, 
from  any  further  military  expenses ;  leave  us  in  a  capacity 

2  An  act  passed  October  20th,  chap.  1247,  revived  an  act  which  provided  for 
raising  three  thousand  pounds  by  lottery  to  be  expended  in  bounties  to  en- 
courage the  cultivation  of  hemp. 


CADWALLADER  GOLDEN,  1764.  683 

of  discharging  the  many  debts  we  have  contracted  during 
the  war;  and  enable  us  to  pay  those  taxes  which  the  present 
and  increasing  scarcity  of  cash  renders  extremely  burthen- 
some." 

The  address  contains  the  following  significant  allusions 
to  conditions  which  presaged  a  coming  storm : 

"  But  nothing  can  add  to  the  pleasure  we  receive  from 
the  information  your  Honor  gives  us,  that  his  Majesty,  our 
most  gracious  Sovereign,  distinguishes  and  approves  our 
conduct.  When  his  service  requires  it,  we  shall  ever  be 
ready  to  exert  ourselves,  with  loyalty,  fidelity  and 
zeal,  and  as  we  have  always  complied  in  the  most  dutiful 
manner  with  every  requisition  made  by  his  directions,  we 
with  all  humility  hope  that  his  Majesty,  who,  and  whose 
ancestors,  have  long  been  the  guardians  of  British  liberty, 
will  so  protect  us  in  our  rights,  as  to  prevent  our  falling 
into  the  abject  state  of  being  forever  hereafter  incapable 
of  doing  what  can  merit  either  his  distinction  or  approba- 
tion. Such  must  be  the  deplorable  state  of  that  wretched 
people  who  (being  taxed  by  a  power  subordinate  to  none, 
and  in  a  great  measure  unacquainted  with  their  circum- 
stances) can  call  nothing  their  own.  This  we  speak  with 
the  greatest  deference  to  the  wisdom  and  justice  of  the 
British  Parliament,  in  which  we  confide. 

Depressed  with  this  prospect  of  inevitable  ruin,  by  the 
alarming  informations  we  have  from  home,  neither  we  nor 
our  constituents  can  attend  to  improvements,  conducive 
either  to  the  interests  of  our  mother  country  or  of  this 
Colony.  "We  shall  however  renew  the  act  for  granting  a 
bounty  on  hemp,  still  hoping  that  a  stop  may  be  put  to 
those  measures,  which  if  carried  into  execution,  will  oblige 
us  to  think,  that  nothing  but  extreme  poverty  can  preserve 
us  from  the  most  insupportable  bondage. 

We  hope  you  Honor  will  join  with  us  in  an  endeavor 
to  secure  that  great  badge  of  English  liberty,  of  being 
taxed  only  with  our  own  consent,  to  which  we  conceive,  all 


684  MESSAGES  FROM  THE  GOVERNOR. 

liis  Majesty's  subjects  at  home  and  abroad  equally  entitled; 
and  also  in  pointing  out  to  the  ministry,  the  many  mischiefs 
arising  from  the  act  commonly  called  the  Sugar  act,  both 
to  us  and  Great  Britain." 

September  17.  The  Lieutenant-Governor  replied  to  the 
foregoing  address  as  follows: 

"As  the  most  material  parts  of  this  address,  cannot  with 
any  propriety  be  made  to  me,  I  shall  transmit  it  to  more 
proper  judges  of  the  sentiments  you  adopt. 

When  we  consider  the  blood  and  treasure  our  mother 
country  has  poured  forth  in  our  defence,  without  which,  in 
all  probability  this  Province  could  not  have  maintained  its 
being  to  this  time,  it  should  make  us  desirous  to  contribute 
everything  in  our  power  for  her  ease  and  benefit,  and  to 
express  our  sentiments  in  every  instance,  with  gratitude 
and  filial  submission. 

The  method  you  now  take  is,  in  my  opinion,  improper; 
however  I  shall  do  nothing  to  prevent  your  making  a  repre- 
sentation of  the  State  of  this  Colony,  which  you  think  best. 
May  your  proceedings  tend  to  the  benefit  of  the  people  you 
represent. 

CADWALLADER  GOLDEN." 

September  24.  Transmitting  several  accounts  of  de- 
mands against  the  colony. 

September  24.  The  Lieutenant-Governor  sent  to  both 
Houses  the  following  communication  relative  to  the  bound- 
ary line  between  New  York,  New  Jersey  and  Massachusetts: 

"  The  establishment  of  limits  between  his  Majesty's 
colonies,  being  of  the  utmost  importance  to  the  quiet  and 
tranquillity  of  his  people,  the  Legislature  of  this  and  the 
Province  of  New  Jersey,  united  in  passing  laws  for  defray- 
ing the  expense  that  shall  accrue  in  the  final  settlement  of 
the  line  of  partition  between  them ;  and  I  have  the  satisfac- 
tion to  inform  you  that  the  Right  Honorable  the  Lords 


CADWALLADER  GOLDEN,  1764.  685 

Commissioners  for  Trade  and  Plantations,  have  recom- 
mended those  laws,  as  proper  to  be  confirmed  by  his  Maj- 
esty, and  that  the  royal  commission  should  issue  in  conse- 
quence thereof. 

The  desirable  effects  which  must  result  from  this  salu- 
tary measure,  call  for  the  like  provision  on  your  part,  in 
order  finally  to  ascertain  and  determine  the  boundary 
between  this  Colony  and  the  Province  of  the  Massachusetts 
Bay,  a  matter  long  contested,  and  which  has  been  pro- 
ductive of  frequent  riots  and  disorders,  to  the  disturbance 
of  the  public  peace  and  the  injury  of  private  property.  I 
therefore  earnestly  recommend  this  as  an  object  highly 
deserving  your  consideration.3 

CADWALLADER  GOLDEN." 

October  2.  The  Lieutenant-Governor  sent  to  both 
Houses  the  following  communication  relative  to  Indian 
affairs : 

"  His  Majesty  thinking  it  just  and  reasonable,  and  essen- 
tial to  his  interest,  and  the  security  of  his  Colonies,  that 
the  several  Nations  or  Tribes  of  Indians  who  live  under  hia 
protection  should  not  be  molested  or  disturbed  in  the 
possession  of  the  lands,  which  have  not  been  legally  and 
without  fraud  purchased  of  them;  and  having  declared  his 
determined  resolution  to  remove  all  reasonable  cause  of 
discontent  which  they  entertain;  I  have  received  directions 
to  inform  you,  of  the  great  dissatisfaction  and  uneasiness 
expressed  by  the  Mohawk  Nation,  on  account  of  the  patent., 
known  by  the  name  of  Kayaderosseras,  or  Queensburgh; 
and  to  recommend  to  you,  the  passing  a  bill  for  vacating 
and  annulling  that  grant. 

The  Indians  disown  the  sale  of  those  lands,  and  they  have 
frequently  been  a  subject  of  their  complaint;  indeed  on 

3  An  act,  chap.  1250,  was  passed  October  20th,  to  facilitate  the  settlement 
of  a  boundary  between  New  York  and  Massachusetts. 


686  MESSAGES  FROM  THE  GOVERNOR. 

comparing  the  grant  with  the  Indian  purchase  the  bound- 
aries of  the  former  appear  to  comprehend  a  far  greater 
extent  of  country  than  by  any  construction  can  be  included 
within  the  description  in  the  Indian  conveyance.  The 
Mohawks,  who  it  is  well  known  never  obstruct  a  settlement 
when  the  purchase  is  fair  and  regular,  have  not  suffered 
any  improvements  to  be  made  by  the  proprietors,  and  the 
tract,  even  to  this  day,  remains  in  common  and  undivided. 
With  copies  of  the  Letter  Patent,  and  Indian  purchase, 
I  have  ordered  to  be  laid  before  you,  the  proceedings  at  a 
late  conference  with  the  Mohawks,  which  discover  fresh 
complaints,  and  that  while  these  people  appeal  to  ourselves 
for  a  proof  of  their  attachment,  they  reproach  us  with  a 
delay  of  the  justice  due  to  them  in  return  for  their  un- 
shaken fidelity.  I  cannot  therefore  doubt  your  applying 
the  most  effectual  remed}^  in  a  case  wherein  the  Honor  of 
the  Crown,  and  the  interest  of  the  public  are  highly  con- 
cerned  ^ 

CADWALLADER  GOLDEN." 


4  On  the  5th  of  October,  the  Assembly  adopted  the  following  memorandum 
concerning  Indian  lands  and  titles,  and  delivered  it  to  the  Lieutenant- 
Governor : 

"  First.  That  most,  if  not  all  the  patents  for  lands  in  this  Colony,  were 
preceded  by  purchases  from  the  Indian  natives;  the  fairness  and  validity  of 
which  were  trusted  to  the  judgment  of  certain  officers  of  the  Crown,  whose 
duty  it  "was  to  attend  to  a  proper  examination,  previous  to  the  issuing  of 
the  royal  grants. 

"  Secondly.  That  many  of  the  ancient  conveyances,  and  even  patents  them- 
selves, through  the  infancy  of  the  country,  and  the  unacquaintedness  of  the 
first  settlers  with  the  English  language,  are  darkly  and  imperfectly  ex- 
pressed; and  that  it  is  very  common  for  the  Indians  to  deny  the  sales  of 
their  ancestors,  as  well  as  their  own,  and  renew  their  claims,  to  force  re- 
peated payments  for  the  same  lands,  which  his  Majesty's  subjects  often 
submit  to  for  peace  sake. 

"  Thirdly.  That  it  is  impossible  to  discover  the  true  owners  of  any  lands, 
nmong  unlettered  barbarians,  who  keep  no  certain  memorial,  have  very  in- 
distinct notions  of  private  property,  live  by  hunting,  use  no  land  marks,  nor 
have  any  inclosures. 

"  Fourthly.  That  an  easy  attention  to  Indian  claims  of  lands  long  since 
patented,  has  a  natural  tendency  to  excite  new  and  repeated  complaints, 
from  a  people  who  have  rendered  themselves  indigent,  and  daily  become  more 


CADWALLADEE  COLDER,  1764.  687 

October  18.  The  Assembly  transmitted  to  its  London 
agent  three  petitions  for  presentation  respectively  to  the 
King,  the  Lords,  and  the  Commons. 


and  more  necessitous  by  their  sales,  and  the  utter  neglect  of  industry,  both  in 
the  arts  and  agriculture. 

"  Fifthly.  That  in  proceedings  against  ancient  grants  upon  the  pretence 
of  fraud,  after  near  sixty  years  have  elapsed,  the  witnesses  must  be  pre- 
sumed to  be  dead,  and  the  proofs  weakened  or  lost. 

"  This  House  therefore,  upon  general  principles  ( for  they  know  nothing  of 
the  peculiar  state  of  Kayadorossoras,  other  than  that  it  is  a  large  tract 
thinly  settled  because  formerly  much  exposed  to  incursions  from  Crown 
Point)  conceive  it  extremely  dangerous  at  this  late  day,  to  enter  into  an 
inquiry,  in  which  sufficient  light  probably  cannot  be  obtained  to  direct  a  just 
and  accurate  determination,  and  that  the  precedent  of  annulling  the  Crown 
grant,  impeaches  the  fidelity  of  the  officers,  with  whom  the  power  to  grant 
lands  has  been  intrusted,  will  render  all  property  insecure;  give  the  highest 
dissatisfaction  to  his  Majesty's  subjects,  alarm  their  fears,  and  discourage  the 
settlement,  cultivation,  and  prosperity  of  the  Colony. 

"  The  House  observes,  that  the  vacating  of  the  patent  of  Kayadorosseras, 
among  others,  was  urged  by  Sir  Charles  Hardy,  in  a  message  of  the  6th  of 
July,  and  a  speech  on  the  24th  of  September,  1756;  and,  again  in  another 
speech  of  the  16th  of  February,  1757,  and  that  the  then  General  Assembly, 
in  their  address  of  the  18th  of  the  same  month  of  February,  informed  his 
Excellency,  '  That  upon  inquiry  he  would  find  the  proprietors  of  large  tracts 
on  the  frontiers  had  paid  very  considerable  sums  of  money,  first  to  the 
natives  for  their  rights,  afterwards  to  the  Governors  and  officers  of  the  gov- 
ernment for  fees  attending  the  patents,  frequently  as  much  as  the  lands  were 
worth,  and  that  to  deprive  those  people  of  their  possessions,  without  a  con- 
sideration, would  be  construed  a  proceeding  harsh  and  dangerous.' 

"And  this  House  being  well  assured  that  those  suggestions  are  true,  find 
themselves  constrained  to  adopt  the  same  sentiments;  and  doubt  not,  but 
Sir  William  Johnson  hath  a  sufficient  influence,  and  by  assigning  the  reasons 
aforementioned,  will  be  able  to  render  the  Mohawks,  who  are  the  least 
populous,  most  easily  managed,  best  affected,  and  most  intelligent  of  all  the 
Indians,  perfectly  easy;  and  perhaps  the  heirs  and  assigns  of  the  patentees 
may,  if  called  upon  by  the  government,  be  able  to  supply  such  proofs  of  tha 
extent  and  fairness  of  the  purchase,  as  may  facilitate  such  good  endeavors  ou 
the  part  of  Sir  William  Johnson  to  remove  all  ground  of  dissatisfaction 
among  the  Indians;  a  measure  which  the  Honor  of  the  Crown  in  the  faith  of 
the  royal  grants,  and  common  justice  seem  to  recommend,  as  previous  to  any 
other  step,  more  threatening  and  detrimental  to  his  Majesty's  subjects 
claiming  those  lands;  and  who,  at  this  day,  are  probably  purchasers  for  large 
and  valuable  considerations,  and  will  have  much  cause  to  complain,  if  in- 
stead of  protection  from  the  Legislature,  they  find  the  great  power  of  the 
Colony,  most  unnaturally  exerted  to  divest  them  of  their  property." 


688  MESSAGES  FROM  THE  GOVERNOR. 

The  petition  to  the  King  recites  the  establishment  of  a 
Colonial  Legislature  in  1683,  in  which  was  lodged  particu- 
larly "  the  power  of  taxing  its  inhabitants  for  the  support 
of  government,"  and  that  the  uninterrupted  enjoyment  of 
that  constitution  had  continued  to  the  present  time.  The 
petitioners  further  say: 

' '  That  under  the  influence  of  this  happy  imitation  of  the 
political  frame  of  our  Mother  Country,  we  are,  by  the 
numerous  emigrations  from  your  Majesty's  Kingdoms  of 
Great  Britain  and  Ireland,  and  the  accession  of  foreign 
protestants,  become  a  dominion  filled  with  subjects,  who 
esteem  themselves  happy  in  the  firmest  attachment  to  your 
royal  person,  family  and  government;  the  more  happy,  as 
under  this  allegiance,  they  have  had  the  highest  reason, 
from  the  hitherto  uninterrupted  enjoyment  of  their  civil 
rights  and  liberties  as  individuals,  to  consider  themselves, 
in  a  state  of  perfect  equality  with  their  fellow  subjects  in 
Great  Britain,  and  as  a  political  body,  enjoying,  like  the 
inhabitants  of  that  country,  the  exclusive  right  of  taxing 
themselves;  a  right,  which  with  the  most  profound  sub- 
mission be  it  spoken,  whether  inherent  in  the  people,  or 
sprung  from  any  other  cause,  has  received  the  royal  sanc- 
tion, is  at  the  basis  of  our  Colony  State,  and  become  vener- 
able by  long  usage." 

The  petitioners  say  that  they  cannot  ' '  without  the 
strongest  demonstrations  of  grief,  express  their  sentiments 
on  the  late  intimation  of  a  design  to  impose  taxes  on  your 
Majesty's  colonists  by  laws  to  be  passed  in  Great  Britain." 

11  That  the  power  of  taxing  ourselves  has  been  funda- 
mentally interwoven  in  our  constitution,  we  flatter  ourselves 
will  not  be  denied;  that  we  have  uninterruptedly  enjoyed 
this  power,  the  numerous  acts  we  have  passed  for  the  sup- 
port of  government,  in  the  enacting  of  which  the  Crown 
has  always  participated,  will  fully  evince ;  and  that  we  have 
not  abused  this  power,  our  strenuous  exertions,  upon  every 


CADWALLADEK  GOLDEN,  1764.  689 

public  emergency,  will  we  humbly  hope,  most  fully  demon- 
strate. Many  indeed  are  our  testimonials  on  this  subject, 
furnished  by  the  speeches  of  our  Governors,  under  your 
Majesty  and  your  royal  Ancestors,  and  recorded  in  our  acts 
of  Assembly,  for  a  long  and  uninterrupted  series  of  years." 

"  May  we  not  therefore  humbly  hope,  for  your  Majesty's 
royal  approbation  of  our  unwillingness  to  part  with  a  right, 
which  the  authority  of  the  Prince,  in  the  infancy  of  this 
Colony,  thought  proper  to  put  into  its  hands,  as  the  birth- 
right of  the  subject,  a  right  which  we  have  ever  since  undis- 
turbedly possessed;  a  right  to  which  even  could  it  be  for- 
feited by  abuse,  we  have  secured  our  title  by  the  best 
improvement  of  it.  May  we  not  also,  while  the  liberty  of 
the  subject  has  ever  been  the  greatest  glory,  of  the  illus- 
trious House  of  Hanover,  with  full  assurance  of  acceptance 
lay  at  your  Majesty's  feet,  our  jealousies  upon  every 
invasion  of  our  rights?  We  value  ourselves  in  being  the 
free  subjects  of  a  glorious  Prince,  who  tenderly  regards 
the  liberties  of  his  people,  and  who  will  ever  maintain  that 
excellent  constitution,  which  with  all  others,  that  the  wis- 
dom of  man  has  hitherto  contrived,  forbids,  that  any  part 
of  a  community  shall,  as  individuals,  claim  the  right  of  tax- 
ing the  whole.  And  these  our  jealousies  we  bring  recom- 
mended with  an  argument  which  we  trust  will  ever  have 
the  greatest  weight  with  our  sovereign. 

For  besides,  that  involuntary  taxes  and  impositions,  are 
absolutely  and  necessarily  excluded  from  a  State  of  liberty ; 
that  it  would  be  the  basest  vassalage,  to  be  taxed  at  the 
pleasure  of  a  fellow  subject;  that  all  real  property  is  lost, 
whensoever  it  becomes  subordinate  to  laws,  in  the  making 
of  which,  the  proprietor  does  not  participate ;  and  that  thus 
to  treat  us,  would  be  to  sink  us  into  a  subjugation,  infinitely 
below  the  ignominious  rank  of  the  most  tributary  states; 
besides  all  this,  we  have  the  welfare  of  the  Nation,  that 
most  powerful  advocate  with  a  wise  King,  to  plead  our 
44 


690  MESSAGES  FROM  THE  GOVERNOR. 

cause  before  your  Majesty;  and  by  this  we  are  encouraged 
to  observe, 

That  your  Majesty's  North  American  Colonies,  in  the 
extensive  tract  of  country  they  contain,  furnish  room  for 
an  endless  increase  of  inhabitants.  And  as  numbers  are 
the  most  athletic  sinew  of  national  power;  the  strength  of 
Great  Britain,  which  can  never  grow  from  this  cause  at 
home,  must  gain  continual  and  never  ending  accessions 
in  her  colonies;  that  the  consumption  of  British  manufac- 
tures, originally  made  necessary  by  the  nature  of  our 
climate,  will  continually  increase  with  our  numbers  and 
by  this  means,  the  trade  and  maritime  power  of  the  Nation, 
will  grow  daily  more  dreaded,  unrivalled  and  irresistible; 
and  your  Majesty  and  your  royal  descendants,  become 
more  conspicuously,  as  your  Majesty  in  truth  is,  the  most 
powerful  Prince  in  Europe. 

These,  we  presume,  are  the  happy  effects,  which  can  flow 
only  from  the  increase  and  prosperity  of  the  colonies ;  and 
for  which,  the  Mother  Country,  being  long  e'er  now  arrived 
at  the  fullest  maturity,  can  afford  no  room. 

But  as  liberty  is  at  the  bottom  of  all  our  enjoyments,  as 
your  Majesty's  subjects  can  neither  be  happy  nor  rich,  but 
in  the  independent  fruition  of  their  property;  can  your 
Majesty,  we  ask  it  with  submission,  conceive,  that  a  dis- 
crimination of  privileges  between  the  Mother  Country  and 
the  Colonies,  will  be  attended  with  a  consequence,  less  fatal 
than  the  decrease  of  the  latter?  While  the  subject,  can 
under  the  nearer  protection  of  the  Crown,  enjoy  the  largest 
portions  of  liberty,  and  the  greatest  accumulations  of  privi- 
leges that  a  free  people  can  even  wish  for,  the  more  inhos- 
pitable climes  of  America,  more  inhospitable  for  our  vicin- 
ity to  a  barbarian,  and  irreconcilable  foe,  will  furnish  no 
temptations  to  emigrate.  Actuated  by  the  same  principles, 
which  will  prevent  all  future  emigrations,  great  numbers 
of  our  present  inhabitants  will  transplant  themselves  into 


CADWALLADEE  GOLDEN,  1764.  691 

the  Mother  Country,  where  they  may  enjoy  their  property 
with  the  fullest  security,  and  a  perfect 'equality  with  their 
fellow  subjects.  Thus  will  our  Colonies  decrease,  and  with 
them  the  strength,  the  glory,  the  lustre  of  the  British 
Empire. 

These,  permit  us,  with  the  deepest  concern  for  the  honor 
of  our  King,  and  the  prosperity  of  the  Nation,  to  assure 
your  Majesty,  will  be  the  fatal,  yet  unavoidable  conse- 
quences, of  a  method  of  taxation  for  the  Colonies,  so  incon- 
sistent with  the  genius  of  the  British  Constitution,  so 
destructive  of  that  right  of  taxing  ourselves,  which  in 
common  with  our  fellow  subjects  in  Great  Britain,  we  have 
hitherto  uninterruptedly  enjoyed;  and  which,  it  is  hoped, 
we  may  with  the  strictest  justice  say,  have  been  secured 
against  a  forfeiture,  as  far  as  the  most  invaluable  rights 
can,  by  the  best  improvement  of  them,  be  secured. 

May  we  not  therefore,  most  gracious  Sovereign,  with  a 
measure  of  confidence  hope,  that  an  evil,  so  great,  so  exten- 
sive, will  by  your  Majesty's  wise  and  princely  interposition 
be  prevented?  An  evil,  which  no  instance  in  the  whole 
tenor  of  our  conduct,  can  possibly  make  necessary;  for 
what  period,  we  ask  it  with  all  humility,  can  be  assigned, 
in  which  even  our  backwardness,  much  less  our  refusal,  to 
exercise  the  right  of  taxation,  for  the  benefit  of  ourselves, 
or  the  national  weal  was  manifested?  We  have  ever  been 
a  people,  zealous  for  the  honor  of  our  sovereign,  sanguine 
in  the  public  cause,  ready  to  strain  every  nerve  upon  every 
occasion;  we  have  supported  the  whole  weight  of  savage 
and  Canadian  fury,  for  near  a  century;  been  as  liberal  of 
our  blood,  as  our  treasure;  and  even  anticipated  the  de- 
mands of  our  sovereign,  on  every  occasion  of  public  emer- 
gency. So  conspicuous  indeed,  was  our  willingness  to 
exercise  this  invaluable  right  in  the  national  cause,  that  at 
a  juncture,  when  a  failure  of  the  military  chest,  suspended 
your  Majesty's  important  operations,  for  the  conquest  of 


692  MESSAGES  FKOM  THE  GOVERNOB. 

Canada  (the  most  luminous  event,  that  ever  adorned  the 
page  of  English  history)  your  Majesty's  Commander-in- 
Chief  betook  himself  to  the  Legislature  of  this  Colony,  for 
relief.  And  on  that  momentous  occasion,  how  cheerfully 
did  they  load  the  Colony  with  a  sum,  immensely  beyond  the 
abilities  of  a  poor  people  to  bear,  upon  no  other  security 
for  a  reimbursement  than  the  merit  of  the  service. 

Next  to  the  right  of  taxing  ourselves,  for  the  support  of 
your  Majesty's  Government,  we  beg  leave,  humbly,  to 
recommend  to  the  gracious  consideration  of  our  Sovereign, 
the  present  ruinous  State  of  our  commerce.  If  the  trade 
of  Great  Britain  is  her  chief  glory,  if  she  is  to  excel  her 
neighbors  in  commercial  arts,  we  speak  from  our  present 
woeful  experience,  the  prosperity  of  our  trade,  is  absolutely 
necessary  for  the  support  of  hers.  This  country  can,  at 
best,  afford  a  very  incompetent  supply  of  immediate  remit- 
tances, for  those  prodigious  quantities  of  her  manufactures, 
which  we  daily  consume.  Our  staple  is  calculated,  princi- 
pally, for  the  West  India  markets ;  and  their  produce  is  the 
best  return  we  can  possibly  make  for  her  commodities. 
And  as  our  Communication  with  the  foreign  islands,  would, 
besides  a  vent  for  our  own  staple,  open  a  wide  door  for  the 
sale  of  British  manufactures,  the  trade  of  Great  Britain, 
would  by  this  means,  be  immensely  increased ;  while  on  the 
other  hand,  your  Majesty's  sugar  colonies,  afford  a  very 
inadequate  market  for  British  wares,  and  the  staple  of  our 
country ;  and  by  such  a  restriction,  our  trade,  and  of  course 
the  trade  of  Great  Britain,  is  reduced  to  the  most  scanty 
limits.  It  is  therefore  with  a  concern,  that  equally  embraces 
our  Mother  Country,  as  well  as  our  Colony  interests,  that 
we  received  the  late  act  of  Parliament,  by  which  all  com- 
mercial intercourse  between  these  Colonies,  and  the  foreign 
West  India  settlements  is  at  an  end;  the  duties  thereby 
imposed  being  equal  to  a  prohibition.  And  we  have  too 
great  reason,  from  the  present  decay  of  our  commerce  to 


CADWALLADEB  GOLDEN,  1764.  693 

conclude,  that  this  measure,  which  can  only  be  serviceable, 
to  a  very  inconsiderable  part  of  the  British  empire,  will  be 
attended  with  consequences,  destructive  to  the  general  in- 
terest, of  your  Majesty's  realm  and  dominions. 

Our  demands  for  linen  manufactures,  which  till  the  pass- 
ing of  the  late  act,  we  have  been  permitted  freely  to  supply 
by  importations  from  your  Majesty's  kingdom  of  Ireland, 
must  remain,  in  a  great  measure,  unsatisfied,  by  the  pro- 
hibition laid  on  our  exportation  of  lumber  to  that  kingdom. 
As  we  humbly  conceive,  that  no  national  advantage  can 
arise  from  this  restriction,  we  flatter  ourselves  with  the 
hopes  of  your  Majesty's  most  gracious  and  powerful  inter- 
position in  this  instance  for  our  relief. 

It  is  with  the  deepest  distress,  that  our  duty  to  our 
constituents,  constrains  us  to  observe  to  our  Prince,  that 
this,  and  many  others  of  the  acts  of  trade,  have  diverted 
the  public  stream  of  justice,  from  their  ancient  course.  The 
wisdom  of  our  ancestors  shines  in  nothing  more  brightly, 
than  in  the  institution  of  juries,  for  the  decision  of  all  con- 
troversies, that  concern  the  lives,  liberties,  and  property 
of  the  subject;  and  if  we  are  emboldened  with  equal  earn- 
estness and  humility,  to  supplicate  your  Majesty's  royal 
favor  and  countenance,  in  this  important  point,  we  have 
that  conspicuous  tenderness  for  the  rights  of  the  subject, 
which  is  one  of  the  most  distinguished  graces  of  your 
Majesty's  illustrious  House,  to  plead  our  excuse.  Your 
Majesty's  unexampled  goodness  will,  therefore,  pardon  the 
bitterness  of  our  grief,  at  the  gradual,  though  not  the  less 
dangerous  diminution,  of  this  ancient  badge  of  English 
liberty.  For  though  we  could,  with  the  most  becoming  alac- 
rity, submit  our  lives  and  property,  and  what  we  hold 
dearer  than  both,  that  inestimable  liberty  with  which  our 
ancestors  have  set  us  free,  to  your  Majesty's  royal  clem- 
ency, and,  princely  discretion,  yet  the  unavoidable  delega- 
tions of  the  royal  authority,  which  necessarily  expose  us 


694  MESSAGES  FROM  THE  GOVERNOR. 

to  the  rapacious  designs  of  wicked  men,  leave  us  neither 
rest  nor  security,  while  a  custom  house  officer  may  wantonly 
seize  what  a  judge  of  your  Majesty's  court  of  vice  admiralty 
may  condemn  in  his  discretion;  or  at  best  restore  to  the 
honest  proprietor  without  the  possibility  of  a  restitution 
for  the  injury.  Shall  we  not  therefore  be  allowed,  with  the 
most  lowly  reverence,  and  upon  the  arms  of  the  most  firm 
and  unshaken  fidelity,  to  tender  our  humble  petitions  to  the 
throne,  that  this  great,  this  growing,  this  mighty  evil  may 
be  removed  from  among  us? 

Permit  us,  most  gracious  Sovereign,  to  observe  on  the 
want  of  a  paper  currency,  as  the  last,  though  not  the  least 
evil,  to  which  the  colonies  are  unhappily  made  subject,  by 
an  act  of  Parliament  lately  passed  for  that  purpose.  Our 
commerce  affords  us  so  small  a  return  of  specie,  that  with- 
out a  paper  currency,  supported  on  the  credit  of  the  colony, 
our  trade,  and  the  commutation  of  property,  must  neces- 
sarily fail.  The  want  of  money  will  disable  us  to  pay  our 
internal  taxes,  and  effectually  prevent  our  exertions  in  the 
common  cause,  even  on  the  most  interesting,  and  alarming 
occasions.  In  the  use  of  this  means  for  supplying  our 
political  wants,  we  have  been  continually  indulged,  ever 
since  the  reign  of  your  Majesty's  glorious  predecessor, 
King  William  the  Third.  And  what  use  we  have  made  of 
it,  we  appeal  to  past  occurrences  for  proof;  your  Majesty's 
poor  subjects  in  the  colonies  are  unable  to  bear  the  weight 
of  a  heavy,  and  immediate  tax ;  and  no  other  expedient  can 
possibly  be  devised,  to  acquit  them  in  the  discharge  of 
public  duties  in  momentous  and  pressing  occasions,  than 
an  emission  of  paper  money,  to  be  sunk  at  a  distant,  though 
certain  period,  by  taxes  gradually  and  annually  imposed. 
Had  the  immense  sums  this  loyal  colony  has  contributed, 
to  promote  your  Majesty's  service,  during  the  late  war, 
been  immediately  imposed,  besides  the  absolute  impossi- 
bility of  supplying  them,  the  whole  colony  must  have  sunk 


CADWALLADEK  GOLDEN,  1764.  695 

under  so  intolerable  a  burden.  Had  we  then  been  deprived 
of  this  easy  method  of  raising  a  sum  for  immediate  use,  we 
should  have  lost  the  opportunity  of  testifying  our  love  and 
loyalty  to  our  Sovereign,  when  his  General  made  requisi- 
tion of  the  prodigious  sum  of  one  hundred  and  fifty  thou- 
sand pounds,  without  which,  the  important  operations  of 
the  most  eventful  campaign  must  at  least  unavoidably  have 
stagnated,  if  not  miscarried.  These,  Sire,  were  the  good 
uses  that  we  made  of  this  political  engine;  and  we  may 
safely  defy  the  world,  to  produce  an  instance,  in  which,  by 
neglecting  to  sink  our  emissions  of  paper  currency,  in  due 
season,  we  suffered  it  either  to  depreciate,  or  fall  into  dis- 
credit. May  the  consideration  of  our  past  faithful  services, 
and  a  sincere  tender  of  our  readiness,  on  all  future  occa- 
sions have  their  proper  weight  with  your  Majesty;  and 
produce  a  repeal  of  that  law,  which  has  deprived  this 
people,  of  the  most  effectual  means  to  demonstrate  their 
fidelity  and  affection  to  their  Prince. 

These,  may  it  please  your  Majesty,  are  the  important 
points  upon  which  your  faithful  representatives  for  your 
loyal  Colony  of  New  York,  have  in  behalf  of  their  constitu- 
ents, and  with  the  most  humble  submission,  presumed  to 
approach  the  throne;  assuring  your  Majesty,  that  one  of 
the  principal  blessings  they  have  to  expect,  from  a  continu- 
ance of  their  exclusive  right  to  tax  themselves,  the  restora- 
tion and  extension  of  their  Commerce,  the  execution  of  law, 
in  the  ancient  and  ordinary  method  and  the  continuance  of 
their  bills  of  credit,  will  be  their  capacity  to  do  the  most 
faithful  and  ready  services  to  their  King  and  Country 
upon  every  occasion. 

The  inhabitants  of  this  your  Majesty's  loyal  Colony  of 
New  York,  have  the  highest  sense  of  the  wisdom,  justice, 
integrity  and  impartiality  of  both  your  Majesty's  Houses 
of  Parliament;  and  are  therefore  fully  convinced,  that 
measures  so  destructive  of  our,  and  the  public  emolument, 


696  MESSAGES  FROM  THE  GOVERNOR. 

must  be  grounded  on  the  misrepresentations  of  those,  who, 
by  opposing  the  interests  of  the  Colonies,  strike  at  the  well- 
being  of  the  Nation  in  general.  It  is  extremely  difficult,  for 
those  highly  honorable  Houses,  at  so  great  a  distance,  to 
preserve  from  pollution  the  channel  of  intelligence.  But 
your  Majesty,  being  representatively  present,  by  your  Gov- 
ernors and  Councils,  who,  doubtless,  will  be  ready,  to  give 
the  truest  intelligence,  when  commanded  by  their  sovereign, 
may,  by  this  infallible  method,  discover  our  truly  deplor- 
able circumstances ;  and  provide  such  redress  for  this,  and 
your  other  loyal  and  distressed  North  American  colonies, 
as  to  your  Majesty,  in  your  princely  wisdom  and  goodness, 
shall  seem  meet. 

That  Almighty  God,  in  whose  hand  are  the  hearts  of 
Princes,  may  direct  the  counsels  of  our  most  gracious 
Sovereign,  for  the  welfare,  even  of  his  most  distant  sub- 
jects; that  the  imperial  diadem  of  Great  Britain  may  sit 
long  and  easy  on  his  royal  head ;  that  he  may  be  conspicu- 
ously blest,  among  the  Princes  of  the  earth,  in  his  sacred 
person,  illustrious  family,  and  auspicious  government;  that 
the  British  sceptre  may  never  depart  from  his  august 
House,  nor  his  faithful  subjects,  throughout  his  extensive 
kingdoms  and  dominions,  want  hearts,  on  every  occasion, 
to  testify  the  most  unshaken  fidelity,  the  most  ardent  affec- 
tion, and  the  most  cheerful  and  unreserved  obedience,  to  a 
Prince  of  his  royal  lineage,  while  the  Sun  and  Moon  endure 
are  the  sincere,  the  ardent,  the  unremitted  prayers,  of  your 
Majesty's  most  dutiful,  most  loyal,  and  most  devoted  sub- 
jects, the  representatives  of  your  Majesty's  Colony  of 
New  York." 

The  petition  to  the  House  of  Lords  contains  a  vigorous 
protest  against  the  policy  of  colonial  taxation,  and  declares 
that  a  "  constitution,  in  which  one  part  of  his  Majesty's 
subjects,  are  forever  to  be  taxed  by  another,  which  so  abso- 
lutely challenges  that  right,  as  not  to  suffer  the  least  altera- 


CADWALLADER  GOLDEN,  1764.  697 

tion  in  the  laws  proposed  for  that  purpose,  is  such  a  system 
of  government  as  was  never  adopted  by  any  people,  hath 
not  its  parallel  in  the  whole  compass  of  history,  nor  per- 
haps ever  entered  into  the  imagination  of  any  political 
writer.  It  is  the  most  unequal  constitution  that  ever 
existed ;  and  no  human  foresight  or  contrivance  can  prevent 
its  infallible  advances  to,  and  its  final  consummation  in  the 
most  intolerable  oppression.  For  all  taxes  being  paid  with 
reluctance,  and  every  man  willing  to  alleviate  the  burden, 
it  is  natural  to  suppose,  that  whoever  has  the  uncontrol- 
lable right  of  imposing  them,  will  bear  no  part  of  them  him- 
self, as  long  as  they  can  possibly  be  laid  on  others.  If  such 
therefore  be  our  constitution,  it  must  follow,  that  the  whole 
burden  of  the  government,  as  fast  as  it  can  be  transferred, 
will  be  thrown  on  the  subjects  in  America;  while  all  the 
advantages  of  it  remain  to  those  of  Great  Britain;  and  a 
future  House  of  Commons,  not  possessed  of  that  love  of 
justice  and  liberty,  which  so  eminently  distinguishes  the 
present,  will  wanton  in  our  spoils.  Reasoning  thus  from 
the  nature  of  mankind  in  general,  and  without  designing 
the  least  reflection  on  any  particulars,  we  humbly  presume, 
our  freedom  will  not  be  thought  to  merit  the  censure  of  a 
British  House  of  Peers,  the  constant  guardians  of  liberty, 
and  the  invariable  irreconcilable  foes  to  every  species  of 
bondage. 

Having  thus  shown,  as  we  humbly  conceive,  with  the 
greatest  submission,  to  your  superior  wisdom,  that  a  gov- 
ernment so  constituted  must  necessarily  degenerate  into  a 
tyranny;  we  beg  leave  to  observe  that  the  claim  of  an  ex- 
emption from  being  taxed  by  the  supreme  legislative  power, 
is  far  from  involving  in  it  the  notion  of  an  independency. 
For  the  experience  of  near  a  century,  has  fully  evinced, 
that  our  subjection  to  Great  Britain,  and  her  laws,  and  our 
strenuous  efforts  upon  every  public  emergency,  have  not 
been  the  less  conspicuous  under  an  immunity  from  taxes 
imposed  by  a  British  Parliament.'* 


698  MESSAGES  FROM  THE  GOVERNOR. 

' '  We  have  by  improving  a  country  inhabited  only  by 
savages,  and  far  remote  from  our  native  soil,  greatly  ex- 
tended the  Dominions  and  trade  of  Great  Britain ;  and  will 
undoubtedly,  if  not  checked  by  a  new  model  of  our  Consti- 
tution, and  an  abridgment  of  the  essential  and  funda- 
mental rights  of  Englishmen,  continue  the  augmentation  of 
both,  till  she  shall  equal  the  greatest  empire  recorded  in 
the  annals  of  fame. ' ' 

Other  portions  of  this  petition  repeat  in  various  forms 
the  arguments  already  quoted  from  the  petition  to  the  King. 

The  petition  to  the  House  of  Commons  presents  substan- 
tially the  same  arguments.  After  referring  to  the  organiza- 
tion of  the  legislative  system  in  1683,  the  petition  says  that 
under  this  "political  frame,  the  colony  was  settled  by 
Protestant  emigrants  from  several  parts  of  Europe,  and 
more  especially  from  Great  Britain  and  Ireland ;  and  as  it 
was  originally  modeled  with  the  intervention  of  the  Crown, 
and  not  excepted  to  by  the  realm  of  England  before,  nor 
by  Great  Britain  since  the  Union,  the  planters  and  settlers 
conceived  the  strongest  hopes  that  the  Colony  had  gained  a 
civil  constitution,  which,  so  far  at  least  as  the  rights  anci 
privileges  of  the  people  were  concerned,  would  remain  per- 
manent, and  be  transmitted  to  their  latest  posterity." 

The  petitioners  urged  on  behalf  of  the  colony,  "An 
exemption  from  the  burthen  of  all  taxes  not  granted  by 
themselves,"  and  protested  against  "  the  tragical  conse- 
quences "  of  an  adoption  of  a  contrary  principle. 

* '  Had  the  freedom  from  all  taxes  not  granted  by  our- 
selves been  enjoyed  as  a  privilege,  we  are  confident  the 
wisdom  and  justice  of  the  British  Parliament,  would  rather 
establish  than  destroy  it,  unless  by  our  abuse  of  it,  the  for- 
feiture was  justly  incurred;  but  his  Majesty's  Colony  of 
New  York  cannot  only  defy  the  whole  world  to  impeach 
their  fidelity,  but  appeal  to  all  the  records  of  their  past 
transactions,  as  well  for  the  fullest  proof  of  their  steady 


CADWALLADER  COLDEX,  1764.  699 

affection  to  the  Mother  Country,  as  for  their  strenuous 
efforts  to  support  the  Government  and  advance  the  general 
interest  of  the  whole  British  Empire. 

It  has  been  their  particular  misfortune,  to  be  always 
most  exposed  to  the  incursions  of  the  Canadians,  and  the 
more  barbarous  irruptions  of  the  savages  of  the  desert,  as 
may  appear  by  all  the  maps  of  this  country;  and  in  many 
wars  we  have  suffered  an  immense  loss  both  of  blood  and 
treasure  to  repel  the  foe,  and  maintain  a  valuable  depend- 
ency upon  the  British  Crown." 

"An  exemption  from  the  burthen  of  ungranted,  involun- 
tary taxes,  must  be  the  grand  principle  of  every  free  State. 
"Without  such  a  right  vested  in  themselves,  exclusive  of  all 
others,  there  can  be  no  liberty,  no  happiness,  nor  security ; 
it  is  inseparable  from  the  very  idea  of  property,  for  who 
can  call  that  his  own,  which  may  be  taken  away  at  the 
pleasure  of  another?  " 

The  Assembly  denied  that  it  claimed  this  exemption 
from  taxation  as  a  privilege,  but  founded  it  on  a  "  basis 
more  honorable,  solid  and  stable;  they  challenge  it,  and 
glory  in  it  as  their  right.  That  right  their  ancestors  en- 
joyed in  Great  Britain  and  Ireland;  their  descendants  re- 
turning to  those  kingdoms  enjoy  it  again."  "  No  history 
can  furnish  an  instance  of  a  constitution  to  permit  one  part 
of  a  dominion  to  be  taxed  by  another,  and  that  too  in  effect, 
but  by  a  branch  of  that  other  part,  who  in  all  bills  for 
public  aids,  suffer  not  the  least  alteration."  [Referring  to 
the  power  of  the  House  of  Commons  over  money  bills.] 
11  The  authority  of  the  Parliament  of  Great  Britain  to 
model  the  trade  of  the  whole  empire  so  as  to  subserve  the 
interest  of  her  own,  we  are  ready  to  recognize  in  the  most 
extensive  and  positive  terms." 

After  discussing  some  other  subjects  which  have  already 
been  considered,  the  petition  says: 

11  Therefore,  the  General  Assembly  of  New  York,  in 


700  MESSAGES  FEOM  THE  GOVEENOB. 

fidelity  to  their  constituents,  cannot  but  express  the  most 
earnest  supplication  that  the  Parliament  will  charge  our 
commerce  with  no  other  duties  than  a  necessary  regard  to 
the  particular  trade  of  Great  Britain  evidently  demands; 
but  leave  it  to  the  legislative  power  of  the  Colony,  to  impose 
all  other  burthens  upon  its  own  people,  whiclj  the  public 
exigencies  may  require." 

October  20.     The  Assembly  adjourned  to  the  20th  of 
November. 


1765.    NOVEMBER.    TWENTY-NINTH  ASSEMBLY,  NINTH  SESSION. 

.  Sir  HENRY  MOORE,  Governor. 

October  20,  1764,  the  Assembly  was  adjourned  to  the 
20th  of  November,  but  it  did  not  meet  until  November  12, 
1765.  July  19, 1765,  Sir  Henry  Moore,  Bart.,  was  appointed 
Governor  to  succeed  Governor  Monckton.  Governor  Moore 
arrived  in  New  York  on  the  13th  of  November,  immediately 
took  the  oath,  published  his  commission  and  received  the 
seals  of  office  from  Lieutenant-Governor  Golden.  The 
Assembly  which  was  then  in  session  was  informed  by  the 
Speaker  that  Governor  Moore  suggested  an  adjournment 
to  the  19th  instant,  so  that  he  might  refresh  himself  after 
the  fatigue  of  his  voyage.  The  Assembly  was  accordingly 
adjourned  to  the  19th,  when  the  Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENEEAL  ^ASSEMBLY. —  His  Majesty  having  been  pleased  to 
appoint  me  his  Governor-in-Chief  of  this  Province,  I  have 
given  you  the  earliest  opportunity  after  my  arrival,  of 
making  that  provision  for  the  exigencies  of  the  government 


SIB  HENRY  MOOSE,  1765.  701 

which  the  expiration  of  your  annual  laws  and  the  public 
service  in  general  may  require;1  and  am  fully  persuaded 
that  your  attention  to  the  welfare  of  this  Province  will 
induce  you  to  take  into  your  serious  consideration  the 
various  plans  which  have  at  different  times  been  proposed 
for  the  encouragement  of  the  American  colonies  by  extend- 
ing the  different  branches  of  their  commerce,  which  if  prop- 
erly attended  to  cannot  fail  of  becoming  a  lasting  source  of 
wealth,  not  only  to  yourselves,  but  to  your  mother  country. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — After  the  neces- 
sary supplies  of  the  government  are  provided,  I  beg  leave 
to  recommend  to  you  the  case  of  the  unhappy  sufferers  by 
the  late  fire  at  Montreal.  Their  distresses  plead  loudly  for 
them,  and  render  an  application  in  their  behalf  highly 
proper,  as  private  contributions  bear  so  small  a  proportion 
to  the  relief  required  in  so  general  a  calamity.2 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  I  flatter  myself  that  your  zeal  for  his 
Majesty's  service  and  the  good  of  your  country  will  engage 
you  to  carry  on  your  session  with  the  unanimity  becoming 
your  station  and  the  purposes  for  which  you  are  convened. 
Let  these  great  objects  be  ever  present  before  you,  and 
have  such  influence  on  your  conduct  as  not  to  be  undeserv- 
ing of  that  protection  which  has  been  extended  by  our  most 
gracious  sovereign  to  his  most  distant  subjects.  My  ready 
concurrence  shall  never  be  wanting  in  every  measure  con- 
sistent with  the  King's  instructions,  which  can  tend  to  pro- 
mote the  interests  of  this  Province,  and  I  shall  be  extremely 
happy  to  have  it  in  my  power,  as  much  as  it  is  in  my  inclina- 


1  An    act    for    the    support    of    government,    chap.    1273,    was    passed    De- 
cember 23d. 

2  The  Assembly  in  its  address  to  the  Governor,  presented  November  27th, 
said  that  owing  to  the  scarcity  of  cash,  it  was  impracticable  to  make  a  con- 
tribution for  the  relief  of  the  sufferers  by  the  Montreal  fire. 


702  MESSAGES  FKOM  THE  GOVERNOR. 

tion,  to  make  it  the  most  flourishing  part  of  his  Majesty's 
dominions  in  America. 

HENEY  MOOEE. 
Council  Chamber  New  York 
19th  Novr  1765. 

SPECIAL  MESSAGES. 

November  26.  Thanking  the  Council  for  a  congratula- 
tory address,  the  Governor  said : ' '  The  powerful  example  of 
unanimity  in  the  legislative  bodies,  cannot  fail  of  making 
favorable  impressions  on  the  minds  of  the  people,  and  will 
of  course  be  productive  of  measures,  which,  at  the  same 
time  they  constitute  the  public  tranquillity  and  happiness, 
will  carry  their  own  recommendation  to  the  protection  of 
our  most  gracious  Sovereign." 

November  27.  Thanking  the  Assembly  for  its  address 
the  Governor  said: 

' '  I  flatter  myself  that  the  constant  attention  of  the  Gen- 
eral Assembly  of  this  Province  to  his  Majesty's  service  and 
the  good  of  their  country,  will  make  their  constituents  truly 
sensible  of  the  advantages  they  enjoy  under  our  present 
happy  establishment,  and  engage  them  to  merit,  by  exam- 
ples of  duty  and  loyalty,  the  continuation  of  that  protection 
they  have  already  experienced  from  a  Prince  who,  since 
his  accession  to  the  throne,  has  added  to  his  other  great 
titles,  that  of  Father  of  his  people." 

December  3.  The  Governor  sent  the  following  message 
to  the  Assembly : 

"  The  expense  of  furnishing  the  King's  troops  in 
America  with  quarters,  carriages,  and  other  necessaries, 
being  by  an  act  passed  the  last  session  of  Parliament,  to  be* 
defrayed  by  the  respective  colonies,  the  Commander-in- 
Chief  of  his  Majesty's  forces  hath  in  consequence  thereof, 
demanded  of  this  Province  that  provision  which  the  act 
requires,  for  the  troops  at  any  time  quartered  within,  or 


SIB  HENRY  MOORE,  1765.  703 

marching  through  it.  As  you  will  be  best  able  to  judge  of 
the  nature  of  this  provision  by  the  law  itself,  and  the  Gen- 
eral's  letter  to  me,  I  have  ordered  copies  of  both,  with  the 
return  of  the  forces,  to  be  laid  before  you;  and  I  flatter 
myself  that  you  will  cheerfully  and  /readily  comply  with 
what  is  expected  of  the  Colony.3 

H.  MOORE." 

The  same  message  was  sent  to  the  Council  on  the  9th. 
December  23.    The  Assembly  adjourned  to  March  4, 1766. 

PROTEST  AGAINST  PARLIAMENTARY  ENCROACH- 
MENTS ON  COLONIAL  RIGHTS. 

An  account  has  already  been  given  of  the  petition  of 
October  18,  1764,  presented  by  the  Assembly  to  the  King, 
the  Lords  and  the  Commons,  relative  to  certain  encroach- 
ments on  colonial  rights.  Consideration  of  the  subject  was 
renewed  at  this  session,  and  on  the  llth  of  December,  1765, 
the  Assembly  sent  another  petition  to  the  King,  and  similar 
petitions  to  the  House  of  Lords  and  the  House  of  Commons. 
The  petition  to  the  King  repeated  in  substance,  but  with 
much  less  detail,  the  petition  presented  in  the  previous 
year,  asserting  the  rights  and  privileges  which  the  colon- 
ists enjoyed  as  British  subjects,  and  denying  the  right  of 
one  part  of  the  Nation  to  tax  another  part  without  its  con- 
sent. The  Assembly  protested  against  the  recent  admiralty 

3  December  13th  the  Assembly  adopted  resolutions,  declaring  that  where 
the  King's  troops  had  been  quartered  in  barracks  belonging  to  the  King, 
they  had  always  been  furnished  with  the  necessaries  required  to  be  provided 
by  the  act  of  Parliament  mentioned  in  the  Governor's  message,  without  an}' 
expense  to  the  countries  in  which  they  were  quartered;  that  the  barracks  in 
New  York  and  Albany  were  already  sufficient  to  accommodate  double  the 
number  of  troops  contained  in  the  return  referred  to  in  the  foregoing  mes- 
sage; and  that  if  "any  expense  should  be  necessary  for  quartering  troops  01 
their  march,  and  supplying  them  with  what  is  required  by  the  aforesaid  act, 
the  House  ought  to  consider  thereof  after  the  expense  is  incurred." 


704  MESSAGES  FEOM  THE  GOVERNOR. 

acts,  which  deprived  citizens  of  the  right  of  trial  by  jury 
in  several  classes  of  actions  which  had  previously  been 
tried  in  courts  of  law.  It  also  protested  against  the  stamp 
act,  which  by  its  operation  deprived  the  colony  of  the  right 
to  determine  what  and  how  much  should  be  granted  by 
taxation  for  the  King's  revenue,  and  that  while  the  colony 
was  deprived  of  this  ancient  constitutional  right,  it  was 
11  bereft  of  the  pride  and  glory  of  English  subjects,  ren- 
dered despicable  in  the  eyes  of  the  King,  and  of  the  world, 
being  mere  tenants  at  the  will  of  the  King's  subjects  in 
Britain." 

The  petitioners  therefore  prayed  for  a  "  confirmation  of 
the  right  to  trials  by  their  peers,  and  the  exclusive  right  of 
giving  to  the  Crown  all  necessary  aids,  raised  in  this  col- 
ony, either  by  duties  or  taxes. ' ' 

December  18th  the  Assembly  unanimously  adopted  a 
series  of  resolutions  on  the  same  general  subject,  declaring 

That  the  colonists  owed  the  same  faith  and  allegiance  to 
the  King  as  his  subjects  in  Great  Britain. 

"  That  they  owe  obedience  to  all  acts  of  Parliament  not 
inconsistent  with  the  essential  rights  and  liberties  of  Eng- 
lishmen, and  are  entitled  to  the  same  rights  and  liberties 
which  his  Majesty's  English  subjects  both  within  and 
without  the  realm  have  ever  enjoyed." 

That  the  King's  subjects  in  Great  Britain  are  chiefly 
secured  in  their  privileges  by  "an  exemption  from  taxes 
not  of  their  own  grant,  and  their  right  to  trials  by  their 
peers." 

That  the  colonists  did  not  forfeit  their  rights  by  their 
emigration. 

That  the  recent  admiralty  acts  deprived  citizens  of  the 
right  of  trial  by  jury. 

That  the  stamp  act  not  only  exposed  the  American  colon- 
ists to  an  "  intolerable  inconvenience  and  expense  by  com- 
pelling them  to  a  defense  at  a  great  distance  from  home; 


SIR  HENRY  MOORE,  1765.  705 

but  by  imposing  a  "  tax,  utterly  deprives  them  of  the 
essential  right  of  being  the  sole  disposers  of  their  own 
property." 

"  That  all  aids  to  the  Crown  in  Great  Britain  are  gifts 
of  the  people  by  their  representatives  in  Parliament,  as 
appears  from  the  preamble  of  every  money  bill,  in  which 
the  Commons  are  said  to  give  and  grant  to  his  Majesty." 

That  it  was  inconsistent  with  the  Constitution  to  suppose 
that  Parliament  had  power,  without  divesting  the  inhabit- 
ants of  the  Colony  of  their  most  essential  rights,  to  '  *  grant 
to  the  Crown  their,  or  any  part  of  their  estates  for  any  pur- 
pose whatsoever." 

"  That  from  the  first  settlement  of  the  Colonies,  it  has 
been  the  sense  of  the  government  at  home,  that  such  grants 
could  not  be  constitutionally  made;  and  therefore  applica- 
tions for  the  support  of  government  and  other  public  exi- 
gencies, have  always  been  made  to  the  representatives  of 
the  people  of  this  colony;  and  frequently,  during  the  late 
war,  by  immediate  orders  from  the  Crown." 

That  if  the  colonists  should  be  deprived  of  the  right  of 
self  taxation,  they  would  suffer  the  great  disadvantage  of 
being  placed  practically  at  the  mercy  of  the  people  of  Great 
Britain. 

That  the  inequality  of  grants  made  by  the  several  col- 
onies could  not  justify  acts  depriving  the  colonists  of  their 
essential  rights. 

' '  That  it  is  the  duty  of  every  friend  of  Great  Britain  and 
this  colony  to  cultivate  a  hearty  union  between  them." 

That  an  assertion  by  Parliament  of  the  right  to  tax  the 
colonies,  even  if  exercised  in  the  mildest  manner,  would 
weaken  the  affection  of  the  colonies  for  the  mother  country. 

That  a  denial  of  the  right  of  self  taxation  by  the  colonies 
was  not  necessary  to  keep  them  in  due  subjection  and  de- 
pendence upon  Great  Britain. 
45 


706  MESSAGES  FROM  THE  GOVERNOB. 

That  the  tax  on  commerce  lately  imposed  by  Parliament 
was  grievous,  "  and  in  the  apprehension  of  this  House  im- 
possible to  be  paid,"  that  trade  with  the  West  Indies  had 
already  become  seriously  impaired,  and  the  colonists  were 
therefore  unable  to  purchase  the  manufactures  of  Great 
Britain. 

Governor  Moore  in  letters  to  the  home  government, 
written  during  the  winter  of  1765-6,  which  may  be  found  in 
the  Colonial  Documents,  volume  7,  page  802,  et  seq.,  de- 
scribes the  commotion  in  New  York  caused  by  the  news  of 
the  stamp  act,  and  mentions  particularly  the  fact  that  on 
the  23d  of  October,  1765,  a  vessel  had  arrived  at  New  York 
having  on  board  a  quantity  of  stamped  papers,  for  use  in 
New  York  and  Connecticut,  which  ' '  in  the  following  night 
were  forcibly  taken  out  of  the  ship  and  destroyed, ' '  and  said 
the  act  could  not  be  enforced  without  military  assistance. 


1766.     JUNE.     TWENTY-NINTH  ASSEMBLY,  TENTH  SESSION. 


Sir  HENRY  MOORE,  Governor. 

The  Assembly  met  June  llth,  and  the  next  day  the  Gov- 
ernor delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OP  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  The  general  satisfaction  which  has 
been  diffused  throughout  the  colonies  on  the  late  favorable 
proceedings  of  the  Parliament  of  Great  Britain  in  the  re- 
peal of  the  Stamp  act,  and  the  impressions  made  on  the 
minds  of  the  people  on  receiving  such  distinguishing  marks 
of  his  Majesty's  favor  and  protection,  have  induced  me  to 
give  you  the  earliest  opportunity  of  making  those  acknowl- 


SIR  HENRY  MOORE,  1766.  707 

edgments  of  duty  and  submission  which  on  such  an  occasion 
must  arise  in  the  breasts  of  every  individual.  The  misrep- 
resentations heretofore  made  by  artful  and  designing  per- 
sons have  had  their  effect  in  imposing  on  the  weak  and 
credulous,  and  false  hopes  and  fears  are  now  conceived  by 
those  who  from  their  situation  can  only  see  and  hear  at  a 
distance,  and  of  course  are  easily  imposed  on.  Let  it  be 
your  concern  to  undeceive  the  deluded,  and  by  the  powerful 
examples  of  your  own  conduct,  bring  back  to  a  sense  of 
their  duty,  those  who  have  been  misled,  that  nothing  which 
can  carry  with  it  the  least  resemblance  of  former  heat  and 
prejudice  may  be  suffered  to  prevail,  and  the  minds  of 
those  who  are  too  easily  agitated  be  again  disposed  to  a 
cheerful  obedience  to  the  laws  and  to  sentiments  of  respect- 
ful gratitude  to  the  mother  country. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  I  must  at  this 
time  recommend  to  your  particular  attention  the  case  of 
those  unfortunate  persons  who  from  the  licentiousness  of 
the  populace,  have  suffered  for  their  deference  to  the  acts 
of  the  British  Legislature.  I  flatter  myself  that  they  who 
sue  to  this  House  for  justice  will  never  sue  in  vain,  and 
that  it  will  be  no  ungrateful  task  for  this  Province  to  take 
the  lead  on  such  an  occasion,  and  by  making  a  full  and 
ample  compensation  to  the  sufferers  for  their  goods  and 
effects  destroyed,  show  to  the  neighboring  Provinces  by  an 
example  great  as  well  as  just,  the  sense  which  is  here  enter- 
tained of  the  benefits  lately  received.  The  resolutions  of 
the  House  of  Commons  have  by  his  Majesty's  commands 
been  transmitted  to  me  in  order  to  be  laid  before  you. 
These  sufficiently  show  the  sense  of  that  august  Assembly 
on  this  point,  whose  sentiments  it  should  be  your  glory  to 
adopt  and  imitate,  as  they  are  so  evidently  founded  on  the 
clearest  principles  of  humanity  and  justice.  This  carries 
its  own  recommendation  with  it,  and  makes  it  needless  for 
me  to  enforce  by  arguments  a  measure  which  at  the  same 


708  MESSAGES  FROM  THE  GOVERNOR. 

time  it  will  do  honor  to  the  Province,  will  show  yourselves 
not  unworthy  of  that  royal  condescension  and  protection 
which  have  been  manifested  on  the  late  interesting  occa- 
sion.1 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  I  have  nothing  more  in  particular  to 
lay  before  you  at  this  juncture,  and  shall  be  extremely 
happy  to  show  my  ready  concurrence  with  you  in  promot- 
ing every  measure  which  can  tend  to  the  service  of  his 
Majesty,  and  the  welfare  of  the  People. 

H.  MOOEE. 

New  York  12th  June  1766. 

SPECIAL  MESSAGES. 

June  13.  The  Governor  sent  the  following  communica- 
tion to  the  Assembly : 

"A  return  of  his  Majesty's  forces  under  orders  of  march 
for  this  City  having  been  sent  to  me  by  his  Excellency  Gen- 
eral Gage,  I  take  the  earliest  opportunity  of  laying  it  before 
you,  and  hope  you  will  give  the  necessary  directions  that 
sufficient  quarters,  bedding,  utensils,  &c.,  may  be  provided 
for  the  reception  of  the  officers  and  soldiers,  specified  in 
the  said  return,  agreeable  to  the  act  of  Parliament. 

H.  MOORE." 

June  19th,  the  Assembly,  considering  this  requisition, 
adopted  a  series  of  resolutions  declaring  that  the  Colony 
had  always  responded  to  requisitions  made  by  the  King; 
that  this  requisition  was  of  such  a  nature  that  if  granted 
the  expense  might  and  probably  would  very  soon  exceed 
the  ability  of  the  Colony  to  pay,  for  the  reason  that  the 
number  of  troops  for  which  similar  requisitions  might  be 
made,  was  unknown;  that  the  articles  required  were  for 
the  most  part  unprecedented;  that  the  requisition  would 

i  For  note  on  stamp  act,  see  post  p.  710. 


I 

SIR  HENRY  MOORE,  1766.  709 

amount  at  least  to  three  pence  per  day  for  each  private 
man,  exclusive  of  beds  and  bedding;  that  the  Colony,  on  a 
proper  requisition  for  that  purpose,  "  should  be  at  the 
expense  of  furnishing  barracks,  bedding,  utensils  for  dress- 
ing victuals  and  firewood  and  candles  for  a  proportionable 
part  of  the  troops  with  the  rest  of  the  Colonies,"  which 
was  all  that  could  be  reasonably  requested  of  this  colony; 
that  the  King's  service  could  not  suffer  by  the  Assembly's 
non-compliance  with  the  requisition,  for  the  reason  that 
they  had  already  subsisted  very  well  without  any  such  pro- 
vision; and  if  that  was  not  the  case,  the  sum  of  three 
thousand  nine  hundred  ninety  pounds  was  still  in  the  Col- 
onial treasury  subject  to  the  order  of  the  Commander-in- 
Chief,  to  be  used  according  to  his  discretion. 

These  resolutions  were  communicated  to  the  Governor, 
who  replied  on  the  20th  of  June,  transmitting  an  extract 
of  a  letter  from  the  Commander-in-Chief,  in  which  he  said 
he  understood  that  the  three  thousand  nine  hundred  ninety 
pounds  referred  to  in  the  resolutions,  had  been  left  in  the 
treasury  by  General  Amherst  to  be  returned  to  the  Prov- 
ince as  the  service  of  the  public  did  not  require  it  to  be 
drawn,  but  that  it  could  be  used  under  the  present  requisi- 
tion if  desired  by  the  Assembly.  The  General  inquired 
whether  the  Assembly  intended  to  have  this  sum  used  for 
the  purpose  of  indemnifying  the  magistrates  for  the  ex- 
penses of  quartering  soldiers  under  the  act  of  Parliament. 
The  Governor,  therefore,  requested  information  as  to  the 
conditions  on  which  the  Assembly  intended  to  permit  the 
Commander-in-Chief  to  draw  on  the  fund  mentioned. 

June  23.  The  Assembly  acting  on  the  Governor's  second 
message,  and  the  communication  from  the  Commander-in- 
Chief,  adopted  a  resolution  that  "  provision  should  be 
made  for  furnishing  the  barracks  in  the  cities  of  New  York 
and  Albany  with  beds,  bedding,  fire  wood  and  candles, 
and  utensils  for  dressing  of  victuals,  for  two  battalions, 


710  MESSAGES  FROM  THE  GOVERNOR. 

not  exceeding  five  hundred  men  each,  and  one  company  of 
artillery  for  one  year,"  and  that  the  expense  thereof  be 
paid  from  the  above  mentioned  fund  now  in  the  treasury, 
remaining  from  a  former  appropriation  to  the  Commander- 
in-Chief  for  his  Majesty's  service.2 

June  16.    Thanking  the  Council  for  its  address. 

June  17.  The  Assembly  presented  an  address,  express- 
ing special  gratification  that  Parliament,  which  was  de- 
scribed as  "  the  grand  legislature  of  the  Nation,"  had  re- 
pealed the  stamp  act,  and  renewing  their  assurances  of  loy- 
alty to  the  home  government. 

Governor  Moore,  thanking  the  Assembly  for  this  address, 
said  he  hoped  that  those  who  had  the  prosperity  of  the 
country  at  heart  would  not  neglect  the  present  favorable 
opportunity  to  promote  whatever  might  be  necessary  to- 
wards the  settling,  on  a  lasting  foundation,  the  mutual  in- 
terests of  Great  Britain  and  her  Colonies. 

June  24.  Governor  Moore  joined  the  Council  and  As- 
sembly in  an  address  to  the  King,  expressing  their  grati- 
tude for  the  repeal  of  the  stamp  act,  and  assuring  him  of 
their  most  devoted  loyalty. 

June  24.  Eecommending  the  payment  of  expenses  in- 
curred in  drilling  the  cannon  on  the  batteries,  which  he 
found  spiked  on  his  arrival  in  the  colony.3 

July  2.    The  Assembly  was  prorogued  to  October  7. 

THE  STAMP  ACT. 

The  stamp  act,  which  was  passed  in  1765,  was  repealed 
early  in  the  year  1766.  In  New  York  the  act  encountered 
great  opposition,  which  was  especially  manifested  by  riot- 
ous proceedings  on  the  1st  of  November,  1765,  which  Lieu- 

2  This  action  of  the  Assembly  was  embodied  in  an  act,  chap.  1296,  passed 
July  3d.    This  act  was  vetoed  by  the  King  April  13,  17G7. 

3  An  appropriation  for  unspiking  the  guns  at  the  battery  was  made  by  an 
act,  chap.  1301,  passed  December  19. 


I 

SIR  HENRY  MOORE,  1766.  711 

tenant-Governor  Golden,  the  acting  Governor,  in  a  letter 
to  Secretary  Conway,  bearing  date  November  5,  (Col.  Doc. 
Vol.  7,  p.  771),  describes  as  follows: 

'  *  In  a  day  or  two  after  the  date  of  my  letter  of  the  26th 
of  last  month  which  I  had  the  honor  to  write  to  you,  the 
packages  of  stamped  papers  were  landed  from  His  Majesty's 
ship  Garland  at  noonday  without  a  guard  or  the  least 
appearance  of  discontent  among  the  people.  This  gave  me 
great  hopes  that  I  should  be  able  to  deliver  up  the  admin- 
istration of  government  to  Sir  Henry  Moore,  as  I  had  in- 
formed you  I  had  much  at  heart  to  do. 

But  on  the  evening  of  the  first  day  of  this  month  the  mob 
began  to  collect  together,  and  after  it  became  dark  they 
came  up  to  the  Fort  Gate  with  a  great  number  of  torches, 
and  a  scaffold  on  which  two  images  were  placed,  one  to 
represent  the  Governor  in  his  gray  hairs,  and  the  other 
the  Devil  by  his  side.  This  scaffold  with  the  images  was 
brought  within  8  or  10  feet  of  the  Gate  with  the  grossest 
ribaldry  from  the  mob.  As  they  went  from  the  gate  they 
broke  open  my  coach  house,  took  my  chariot  out  of  it  and 
carried  it  round  the  town  with  the  images,  and  returned  to 
the  Fort  Gate,  from  whence  they  carried  them  to  an  open 
place,  where  they  had  erected  a  gibbet,  within  100  yards 
of  the  Fort  Gate  and  there  hung  up  the  images.  After 
hanging  some  time  they  were  burnt  in  a  fire  prepared  for 
the  purpose,  together  with  my  chariot,  a  single  horse  chair 
and  two  sledges,  our  usual  carriages  when  snow  is  on  the 
ground,  which  they  took  out  of  my  coach  house.  While 
this  was  doing  a  great  number  of  gentlemen  of  the  town 
if  they  can  be  called  so,  stood  around  to  observe  the  out- 
rage on  their  King's  Governor.  The  garrison  was  at  the 
same  time  on  the  ramparts  with  preparation  sufficient  to 
destroy  them,  but  not  a  single  return  in  words  or  otherwise 
was  made  from  any  man  in  the  Fort,  while  this  egregious 
insult  was  performing." 

Mr.  Golden  said  that  a  great  part  of  the  mob  consisted  of 
men  who  had  been  privateers  or  disbanded  soldiers.  The 
Lieutenant-Governor  also  referred  to  Major  James  of  the 
Royal  Artillery,  who  was  in  command  at  the  Fort,  and  said 


712  MESSAGES  FROM  THE  GOVERNOR. 

the  same  mob  ' '  broke  open  his  house,  burnt  all  his  furniture, 
wearing  clothes,  and  everything  in  it  to  a  great  value,  at 
the  same  time  threatening  to  take  away  his  life  in  the  most 
shameful  manner."  Major  James  sailed  from  New  York 
for  England  on  the  9th  of  November,  carrying  an  account 
of  the  recent  troubles.  Mr.  Golden  describes  him  as  a 
* l  humane  and  benevolent  man  ' '  who  had  not  given  the 
least  cause  "  for  this  savage  resentment." 

The  news  of  the  recent  occurrences  in  New  York  evi- 
dently made  a  deep  impression  in  England.  It  seemed 
clear  that  the  new  Parliamentary  policy  concerning  the 
colonies  and  their  relations  to  the  home  government  would 
meet  with  a  most  formidable  resistance.  The  House  of 
Commons  took  up  the  matter,  and  the  stamp  act  was  not 
only  repealed,  but  on  the  24th  of  February,  1766,  the  House 
adopted  a  series  of  resolutions  declaring,  among  other 
things,  that  the  King,  by  and  with  the  advice  of  Parliament, 
had  power  to  make  laws  and  statutes  of  sufficient  force  and 
validity  in  all  cases  to  bind  British  subjects  and  Colonies 
in  America;  that  recent  tumults  and  insurrections  in  the 
Colonies  had  been  greatly  countenanced  and  inflamed  by 
votes  and  resolutions  passed  by  several  colonial  assemblies, 
which  tended  to  destroy  or  impair  the  authority  of  Parlia- 
ment ;  that  persons  in  the  Colonies,  who  had  suffered  dam- 
ages in  consequence  of  their  compliance  with  acts  of  Par- 
liament ought  to  l '  have  full  and  ample  compensation  made 
to  them  for  the  same,  by  the  respective  colonies  in  which 
such  injuries  or  damages  were  sustained;  "  that  all  loyal 
subjects  in  the  Colonies  should  and  would  receive  the  pro- 
tection of  the  House  of  Commons ;  and  that  persons  unable 
to  procure  stamped  paper  in  the  Colonies  be  indemnified 
from  all  penalties  and  forfeitures  incurred  by  using  un- 
stamped paper.  Similar  action  was  taken  by  the  House  of 
Lords. 


I 

SIR  HENRY  MOORE,  1766.  713 

The  Assembly,  acting  on  the  Governor 's  recommendation, 
passed  an  act,  chapter  1302,  on  the  19th  of  December,  1766, 
making  compensation  for  losses  sustained  in  the  New  York 
riot  of  November  1,  1765,  and  for  similar  losses  occurring 
near  Albany  on  the  6th  of  January,'  1766.  The  preamble 
recited  the  troubles,  which  have  already  been  noted,  the 
action  of  Parliament  in  recommending  indemnity  to  suffer- 
ers therefrom,  and  that  the  Legislature  was  "  desirous  to 
draw  a  veil  over  those  heats  and  disturbances,"  and  closed 
with  assurances  of  loyalty  to  the  King,  and  of  a  due  regard 
to  the  recommendation  of  Parliament.  The  act  contained 
an  appropriation  for  Major  Jaines  of  one  thousand  seven 
hundred  forty-five  pounds,  fifteen  shillings,  two  pence  half 
penny,  and  appropriations  for  other  persons  amounting  to 
about  five  hundred  eighty  pounds.  The  act  did  not  impose 
a  tax,  but  directed  that  the  appropriations  be  paid  from  the 
sum  recently  received  from  Pennsylvania  on  account  of 
an  over  payment  to  that  Colony  from  the  grant  made  by 
Parliament  in  aid  of  the  Colonies  in  connection  with  the 
French  war.  Lieutenant-Governor  Colden's  claim  was 
ignored,  and  in  one  of  his  letters,  he  notes  the  fact  that  the 
resolution  to  pay  Major  James  was  passed  by  only  one 
vote.  By  an  act  passed  June  6,  1767,  chapter  1320,  an  ap- 
propriation- was  made  for  losses  sustained  by  Captain 
Philip  Martin  in  the  house  of  Major  James  on  the  1st  of 
November,  1765. 


714  MESSAGES  PKOM  THE  GOVERNOR. 


1766.     NOVEMBER.    TWENTY-NINTH  ASSEMBLY,  ELEVENTH 

SESSION. 


Sir  HENRY  MOORE,  Governor. 

The  Assembly  met  November  10,  and  on  the  same  day 
the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  or  THE 
GENERAL  ASSEMBLY.— The  meeting  of  the  General  Assem- 
bly has  been  delayed  beyond  the  usual  time,  as  I 
was  in  daily  expectation  of  receiving  his  Majesty's 
commands,  in  regard  to  an  humble  representation  made 
of  the  distress  in  which  this  colony  would  shortly  be 
involved,  through  the  want  of  a  sufficient  paper  cur- 
rency, and  it  is  with  the  greatest  satisfaction  that  I  can 
open  this  session  with  a  fresh  instance  of  his  Majesty's 
paternal  regard  and  protection,  extended  to  this  Province, 
who  has  been  graciously  pleased  under  certain  restrictions, 
to  revoke  that  instruction  by  which  the  Commander-in- 
Chief  here  was  precluded  from  giving  his  assent  to  any 
act  which  should  be  framed  for  striking  bills  of  credit,  and 
issuing  the  same  in  lieu  of  money.  The  royal  attention  so 
constantly  paid  to  the  sufferings  of  the  people,  and  the  late 
examples  given  of  it,  are  such  signal  instances  of  his  Maj- 
esty's condescension  and  tenderness  for  their  interests  as 
cannot  fail  of  exciting  the  warmest  sentiments  of  gratitude 
in  the  minds  of  every  subject,  and  be  productive  of  the 
highest  returns  of  duty  and  submission. 

GENTLEMEN  or  THE  GENERAL  ASSEMBLY. — The  great  ex- 
pense in  which  this  colony  has  been  engaged  for  some  time 
past,  and  the  difficulties  which  still  subsist  in  regard  to 
limits  between  this  and  the  neighboring  Provinces  of 
Massachusetts  and  the  Jerseys,  have  engaged  me  to  ascer- 


SIR  HENRY  MOORE,  1766.  715 

tain  as  soon  as  possible,  the  line  which  his  Majesty  has 
been  pleased  to  fix  by  his  lioyal  proclamation  for  the  bound- 
ary between  this  Province  and  Quebec.  And  after  the 
necessary  supplies  of  government,  are  raised,1  I  must 
recommend  it  to  the  General  Assembly  to  make  provision 
for  the  farther  opening  and  continuing  this  line,  in  which 
I  flatter  myself  that  the  Province  of  Quebec  equally  inter- 
ested in  it  will  readily  contribute  as  a  mutual  benefit  will 
be  derived  from  it.  I  must  at  the  same  time  earnestly  re- 
quest that  proper  measures  may  be  taken  to  settle  the 
boundaries  between  the  different  counties  in  this  Prov- 
ince, and  fix  them  by  authority.  The  want  of  a  due  atten- 
tion to  so  necessary  a  service  has  already  given  rise  to 
many  inconveniences,  and  the  continual  scenes  of  litigation 
and  disorder,  occasioned  by  vague  and  undetermined  limits, 
call  for  redress  in  the  strongest  terms. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OP  THE 
GENERAL  ASSEMBLY. — I  shall  during  the  course  of  your  ses- 
sion take  opportunities  of  laying  before  you  some  matters 
which  have  occurred  to  me  during  the  late  tour  I  made,  and 
recommending  to  your  consideration  whatever  may  be  con- 
ducive to  the  public  service,  as  I  am  fully  persuaded  that 
the  legislative  bodies  will  cheerfully  co-operate  with  me  in 
whatever  can  be  proposed  for  his  Majesty's  service  and 
the  good  of  their  country. 

H.  MOORE. 

New  York  10  November  1766. 

SPECIAL  MESSAGES. 

November  11.  Governor  Moore  transmitted  to  the 
Assembly  a  copy  of  an  additional  instruction  received  from 
the  King,  revoking  the  twentieth  paragraph  of  the  general 
instructions  which  limited  the  Governor's  power  to  assent 


i  The  usual  act  for  the  support  of  government,  chap.   1300,  was  passed 
December  19th. 


716  MESSAGES  FROM  THE  GOVERNOR. 

to  laws  providing  for  the  issue  of  bills  of  credit.  The  in- 
struction called  attention  to  the  fact  that  the  bills  of  credit 
then  in  circulation  would  expire  in  1768,  and  the  Governor 
was  therefore  authorized  to  give  his  assent,  subject  to  royal 
approval,  to  acts  providing  for  the  issue  of  new  bills  of 
credit  in  an  amount  not  exceeding  two  hundred  and  sixty 
thousand  pounds,  not  to  run  more  than  five  years,  and 
that  adequate  provision  be  made  for  a  sinking  fund  for 
the  redemption  of  such  bills. 

November  14.  Thanking  the  Council  and  the  Assembly 
for  their  addresses. 

November  17.  The  Governor  sent  a  communication  to 
the  Assembly  relative  to  the  act  of  Parliament  providing 
for  quartering  the  King's  troops  in  the  colony,  which  has 
already  been  considered  in  notes  to  the  proceedings  of  the 
Assembly  at  the  last  session.  The  communication  in- 
cluded a  letter  from  Lord  Shelburne,  Secretary  of  State, 
in  substance  expressing  the  King's  disapproval  of  the  act 
passed  at  the  last  session  to  furnish  barracks  and  other  sup- 
plies for  the  King's  troops,  declaring  among  other  things 
that  "it  is  the  indispensable  duty  of  his  subjects  in 
America  to  obey  the  acts  of  the  Legislature  of  Great 
Britain, ' '  and  expressing  the  hope  that  the  Assembly  would 
immediately  comply  with  the  act  of  Parliament. 

The  Assembly  presented  an  address  to  the  Governor  on 
the  18th  of  December,  relative  to  the  question  of  quartering 
soldiers  under  the  act  of  Parliament,  declaring  its  inability 
to  comply  with  the  requisition  beyond  the  provision  al- 
ready made  by  an  act  passed  at  the  previous  session,  whicb 
already  imposed  burdens  too  great  for  the  Colony  to  bear; 
that  by  a  proper  construction  of  the  act  of  Parliament? 
the  duty  of  quartering  soldiers  only  applied  while  the 
troops  were  on  the  march,  and  that  it  ought  not  to  be  con- 
strued to  include  quartering  under  other  circumstances. 

The  Governor,  replying  to  this  address  on  the  18th  of 


SIB  HENRY  MOORE,  1767.  717 

December,  expressed  his  regret  that  there  should  be  any 
difference  of  opinion  between  the  executive  and  the  Assem- 
bly on  a  matter  of  such  importance,  and  assured  the  Assem- 
bly that  he  would  transmit  the  address  to  the  Secretary  of 
State. 

November  24.  Recommending  that  provision  be  made 
for  the  reimbursement  of  the  city  of  New  York  for  ad- 
vances for  expenses  incurred  in  quartering  the  King's 
troops. 

December  8.  Presenting  accounts  for  expenses  incurred 
for  repairs  on  the  house  at  the  fort,  and  recommending 
their  payment.2 

December  8.  Recommending  that  provision  be  made  for 
expenses  incurred  by  two  regiments  of  regular  troops  in 
suppressing  riots  and  disorders  in  the  counties  of  Dutchess 
and  Albany. 

December  19.  The  Assembly  adjourned  to  the  10th  of 
March,  1767. 


1767.     MAY.     TWENTY-NINTH  ASSEMBLY,  TWELFTH  SESSION. 


Sir  HENRY  MOORE,  Governor. 

The  Assembly  met  on  the  27th  of  May,  at  which  time  the 
Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. — The  difficulties  under  which  this 
Province  has  labored  in  respect  to  its  eastern  boundaries, 
and  the  differences  in  which  it  has  been  engaged  in  conse- 


2  Provision  for  payment  of  the  accounts  for  repairs  of  the  Governor's  house 
at  the  fort  was  made  by  the  "salaries  and  services"  act,  chapter  1301, 
passed  December  19th. 


718  MESSAGES  FROM  THE  GOVERNOR. 

quence  thereof  with  the  Province  of  Massachusetts  Bay, 
having  been  laid  before  the  King,  I  am  directed  by  his 
Majesty's  principal  Secretary  of  State  to  recommend  to 
you  that  a  speedy  and  amicable  adjustment  of  these  dis- 
putes may  take  place,  and  the  most  effectual  method  pur- 
sued for  settling  every  difference,  relative  to  the  bound- 
aries of  the  respective  colonies,  by  commissaries  appointed 
from  each  of  them  for  that  purpose.1 

In  a  concern  of  so  public  a  nature,  I  flatter  myself  that 
nothing  will  be  neglected  by  you  which  can  tend  to  the 
bringing  this  affair  to  a  happy  conclusion,  and  that  you  will 
proceed  without  delay  to  the  nomination  of  commissaries 
on  the  part  of  this  government  whose  knowledge  and  abili- 
ties may  recommend  them  as  proper  arbitrators  in  a  case 
of  such  importance,  and  whose  moderation  may  give  them 
such  weight  among  those  appointed  to  act  with  them  that 
from  their  example  no  means  may  be  left  untried  for  sur- 
mounting any  difficulties  which  may  occasionally  arise. 

The  preservation  of  the  public  tranquillity,  and  the  pro- 
tection of  private  property,  are  so  far  the  objects  of  this 
negotiation  as  to  demand  your  most  serious  attention.  A 
generous  manner  of  acting  together  with  proper  conces- 
sions made  on  both  sides,  cannot  fail  of  obtaining  the  de- 
sired success  on  this  occasion,  and  rendering  your  endeav- 
ors highly  acceptable  to  both  Provinces,  as  all  cause  of 
future  dissension  between  them  may  thereby  be  effectually 
removed. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — As  the  act  for 
providing  fuel,  barracks,  etc.,  for  his  Majesty's  troops 
now  quartered  in  this  city  will  expire  in  a  few  days,  I  am 

1  An  act  passed  June  6th,  chap.  1321,  appointed  commissaries  to  act  for 
New  York  in  conjunction  with  commissaries  appointed  for  Massachusetts 
Bay  in  settling  the  boundary  between  the  two  Colonies.  Another  act  was 
passed  February  3,  1768,  chap.  1347,  to  expedite  the  settlement  of  the  con- 
troversy between  these  two  colonies  as  to  the  boundary  line. 


I 

SIR  HENRY  MOORE,  1767.  719 

now  to  recommend  a  farther  provision  for  them,  and  on 
the  plan  prescribed  by  the  act  of  Parliament.  I  am  fully 
persuaded  that  on  a  due  consideration,  the  impropriety  of 
the  limitations  in  the  act  of  Assembly  passed  last  year  will 
sufficiently  appear,  and  that  this  Honse  will  with  cheerful- 
ness provide  for  the  troops  in  the  manner  now  expected 
from  them,  nor  suffer  either  an  ill-timed  parsimony  or 
injudicious  restriction  to  cast  such  a  reflection  on  their  pro- 
ceedings as  can  any  way  be  construed  to  represent  them  as 
undeserving  the  favors  they  have  received  from  the 
Crown.2 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY.— The  inconveniences  which  must  attend 
a  long  session  at  this  season  of  the  year  will  naturally  in- 
duce you  to  proceed  to  business  with  dispatch,  and  I  shall 
be  happy  in  having  an  opportunity  of  showing  my  readi- 
ness to  join  with  you  in  whatever  can  promote  his  Maj- 
esty's service,  or  contribute  to  the  good  of  the  Province. 

H.  MOOEE. 

New  York,  27th  May,  1767. 

SPECIAL  MESSAGES. 

May  28  and  June  3.  Thanking  the  Council  and  Assembly 
respectively  for  their  addresses. 

June  5.  Transmitting  an  account  presented  by  Col. 
Bradstreet  for  services  rendered  for  the  colony.3 

June  6.  The  Assembly  was  prorogued  to  the  llth  of 
August. 


2  An   act   passed  June   6,    1767,    chap.    1320,   appropriated   three   thousand 
pounds  for  furnishing  necessaries  for  the  King's  troops. 

3  On   the   30th   of  December,    1767,  the   Assembly   adopted  resolutions   re- 
citing several  appropriations  for  military  expenses  in  1763  and  afterwards, 
giving  in  detail  the  action  of  the  Legislature  in  providing  for  large  numbers 
of  men   for  the  service,   with   amounts   appropriated  at   different   times,   and 
expressing  the  opinion  that  Col.  Bradstreet's  men  were  not  raised  on  the  credit 
of  any  vote  .of  the  Assembly  or  law  of  the  colony,  that  all  the  men  actually 
raised  had  been  paid  by  agents  of  the  colony,  and  that  the  colony  was  under 
no  obligation  to  pay  Col.  Bradstreet's  demand. 


720  MESSAGES  FKOM  THE  GOVERNOR. 


1767.     NOVEMBER.    TWENTY-NINTH   ASSEMBLY,   THIRTEENTH 

SESSION. 


Sir  HENRY  MOORE,  Governor. 

The  Assembly  met  November  17,  and  the  next  day  the 
Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. — The  sanguine  expectations  so  lately 
raised  here  of  seeing  our  disputes  with  the  Province  of  the 
Massachusetts  Bay  in  regard  to  boundaries,  brought  to  a 
speedy  determination,  are  hitherto  disappointed;  and  not- 
withstanding the  well  known  abilities  of  the  commissaries 
employed  in  this  service,  it  will  appear  from  their  report 
that  a  negotiation  of  so  much  consequence  to  both  Prov- 
inces, and  from  which  the  advantages  to  be  derived  were 
mutual,  had  not  been  attended  with  the  wished  for  success. 
But  as  their  near  approach  to  an  agreement  seems  to  point 
out  that  the  difficulties  still  subsisting  are  by  no  means  of 
such  a  nature  as  to  preclude  all  expectations  of  being  re- 
moved, I  must  recommend  it  to  you  that  such  steps  may 
now  be  taken  as  you  shall  think  most  conducive  to  so  good 
a  purpose,  and  that  your  ready  concurrence  may  not  be 
wanting  in  every  just  and  reasonable  measure  for  bringing 
this  matter  to  a  desirable  issue.1 


1  See  special  message  of  February  3,  1768.  The  Assembly  adopted  resolu- 
tions on  the  27th  of  November,  1767,  while  considering  the  Governor's  speech, 
asserting  the  claim  of  New  York  to  all  territory  west  of  Connecticut  river, 
expressing  a  willingness  to  yield  some  part  of  this  territory,  but  that  negotia- 
tions apparently  could  not  be  consummated  for  the  reason  that  the  Legislature 
of  Massachusetts  had  not  conferred  on  its  commissaries  full  power  to  act 
without  subsequent  ratification  by  the  Legislature. 

On  the  5th  of  February,  1768,  the  Assembly  considered  the  Massachusetts 
resolutions  communicated  by  the  special  message  of  February  3d,  and  de- 
clined to  accept  the  proposals  therein  contained,  not  only  because  it  was 


SIB  HENRY  MOORE,  1767.  721 

In  the  meantime  the  particular  situation  of  that  part  of 
the  country  chiefly  interested  in  the  event  of  this  dispute 
will  require  your  serious  attention,  and  it  is  hoped  that 
nothing  will  be  omitted  on  your  part  to  discourage  and 
prevent  the  renewal  of  those  disorders  which  so  lately  pre- 
vailed there  to  the  ruin  of  individuals  and  the  disgrace  of 
government. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — In  laying  be- 
fore you  the  act  passed  in  the  last  session  of  Parliament, 
relative  to  the  legislature  of  this  Province  and  transmitted 
to  me  by  his  Majesty's  principal  Secretary  of  State,  I  can- 
not harbor  the  least  doubt  but  that  the  prudent  conduct  of 
this  House  will  render  the  provisions  contained  in  it  un- 
necessary, and  that  their  zeal  for  his  Majesty's  service 
and  attachment  to  his  government  will  always  engage  them 
to  entertain  a  due  sense  of  the  blessings  which  they  enjoy 
under  his  protection  and  the  influence  of  the  British  consti- 
tution.2 

I  must  again  repeat  what  I  urged  in  a  former  session 
concerning  the  vague  and  undetermined  boundaries  of  the 

unwilling  to  adopt  the  twenty  mile  boundary,  but  also  because  of  the  Massa- 
chusetts claim  affecting  territory  west  of  New  York. 

The  positive  action  taken  by  the  Legislature  at  this  session  was  repre- 
sented by  chap.  1347,  passed  February  3,  1768,  which  appointed  William 
Smith,  Jr.,  John  Morin  Scott,  and  James  Duane,  commissioners  to  prepare  a 
narrative  of  all  the  facts  relating  to  the  contested  boundary  between  New 
York  and  Massachusetts,  to  be  presented  to  the  Governor,  Council  and 
Assembly. 

2  This  law,  enacted  at  the  last  session  of  Parliament,  prohibited  the  New 
York  Legislature  from  passing  or  assenting  to  any  act  of  Assembly,  vote  or 
resolution  for  any  other  purpose  until  provision  should  have  been  made  for 
furnishing  the  King's  troops  with  all  the  necessaries  required  by  law.  The 
Legislature  had  substantially  yielded  to  the  demand  made  by  the  former  act 
of  Parliament  relative  to  quartering  soldiers  by  the  enactment  of  chapter 
1320,  passed  June  6,  1767,  appropriating  three  thousand  pounds  for  this 
purpose,  and  there  seems  to  have  been  a  complete  surrender  at  this  session, 
for  the  first  act,  which  was  passed  on  the  21st  of  December,  chap.  1323,  ap- 
propriated fifteen  hundred  pounds  for  quartering  the  King's  troops. 

46 


722  MESSAGES  FROM  THE  GOVERNOR. 

different  counties  of  this  Province,  and  the  necessity  of 
making  a  proper  provision  for  ascertaining  them.  A  very 
essential  service  will  thereby  be  rendered  to  the  country  by 
preventing  those  scenes  of  litigation  which  so  impede  the 
present  settling  of  those  parts,  and  of  course  must  in  time 
be  productive  of  the  greatest  mischiefs. 

GENTLEMEN  or  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. — As  his  Majesty's  service  and  the 
benefit  of  the  Province  will  be  concerned  in  whatever  I  may 
have  to  lay  before  you  during  the  course  of  your  session,  I 
flatter  myself  not  only  of  having  your  assistance  in  points 
of  such  importance  to  this  community,  but  that  it  will  be 
granted  with  cheerfulness,  unanimity  and  dispatch. 

H.  MOOEE. 

New  York,  18th  November,  1767. 

SPECIAL  MESSAGES. 

November  23.  Thanking  the  Council  and  Assembly  for 
their  addresses. 

December  3.  Transmitting  the  King's  veto  of  the  act 
passed  July  3,  1766,  chapter  1296,  providing  for  barracks 
for  the  King's  troops  at  New  York  and  Albany,  and  also 
of  an  act  erecting  the  county  of  Cumberland  passed  July  3, 
1766,  chapter  1297. 

December  14.  Approving  the  appointment  of  Abraham 
Lott  as  treasurer  of  the  Colony. 

1768.  February  3.  Transmitting  resolutions  adopted  by 
the  Legislature  of  Massachusetts  relative  to  the  settlement 
of  the  boundary  line  between  New  York  and  Massachusetts, 
ratifying  proposals  made  by  the  Massachusetts  Commis- 
saries to  fix  the  eastern  boundary,  which  would  necessarily 
become  the  western  boundary  of  Massachusetts  as  a 
"  straight  line  to  be  drawn  northerly  from  a  point  on  the 
southern  line  of  the  Massachusetts  Bay,  twenty  miles  dis- 
tant, due  east  from  Hudson's  River,  to  another  point 


SIR  HENRY  MOORE,  1768.  723 

twenty  miles  distant,  due  east  frqm  the  said  river  on  the 
line  which  divides  the  Province  of  Massachusetts  Bay  from 
New  Hampshire ; ' '  which  twenty  mile  line  was  to  be  hori- 
zontal and  not  measured  according  to  the  surface  of  the 
earth ;  ' '  providing  that  nothing  shall  be  understood  to 
prejudice  the  right  of  this  Province  to  lands  westward  of 
the  Province  of  New  York."  (See  note  1.) 
February  6.  The  Assembly  was  dissolved. 


1768.    OCTOBER.     THIRTIETH      ASSEMBLY,  FIRST  SESSION. 


Sir  HENRY  MOORE,  Governor. 

The  writs  for  the  election  of  this  Assembly  were  made 
returnable  March  22,  but  the  session  did  not  begin  until 
October  27.  The  next  day  the  Governor  delivered  the 
following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. — No  immediate  service  of  the  Province 
having  required  my  convening  you  upon  the  return  of  the 
writs  for  the  late  election  I  have  delayed  your  meeting  till 
the  usual  season  of  passing  the  annual  bills  to  avoid  the 
inconveniences  attending  a  session  in  the  summer  months. 

It  is  with  great  satisfaction  that  I  can  now  lay  before 
you  a  report  of  the  Lords  Commissioners  for  Trade  and 
Plantations,  in  consequence  of  which  his  Majesty  has  been 
pleased  to  direct  that  the  regulation  of  the  trade  with  the 
Indians  shall  for  the  future  be  left  with  the  colonies,  as  the 
importance  of  such  a  concern  to  them  must  necessarily  en- 
gage their  respective  legislatures,  in  the  pursuit  of  meas- 
ures best  calculated  to  answer  the  purpose  of  his  Majesty's 
gracious  condescension  in  committing  this  valuable  branch 
of  commerce  to  their  management. 


724  MESSAGES  FROM  THE  GOVERNOR. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — The  advantages 
arising  not  only  from  the  intercourse  of  trade  with  the  In- 
dians but  from  the  maintenance  of  that  tranquillity  among 
them  which  subsists  at  present  are  so  obvious  as  to  require 
no  argument  to  enforce  them.  I  shall  therefore  only  recom- 
mend to  you  that  to  avoid  any  future  cause  of  dissatisfac- 
tion or  jealousy  being  given,  you  will  by  the  most  effectual 
laws  prevent  any  settlements  being  made  beyond  the  line 
which  shall  be  agreed  on  by  the  Indians,  punish  all  frauds 
and  abuses  which  may  be  practised  by  the  traders  among 
them,  and  at  the  same  time  pay  a  due  regard  to  that  free- 
dom of  trade  which  his  Majesty  has  graciously  granted  to 
all  his  subjects  by  his  proclamation  in  the  year  1763.1 

As  I  presume  that  such  parts  of  the  late  plan  pursued 
by  the  superintendents  of  Indian  affairs  as  have  operated 
to  the  benefit  of  trade  and  given  satisfaction  to  the 
Indians  will  be  adopted  by  you  as  far  as  circumstances  and 
situations  will  admit;  these  shall  be  laid  before  you,  to 
gether  with  the  reduction  of  such  posts  as  the  Commander- 
in-Chief  of  his  Majesty's  forces  has  thought  proper  to 
make  in  consequence  of  the  orders  he  has  received  for  that 
purpose,  that  you  may  be  better  enabled  to  regulate  the 
execution  of  such  plans  as  you  shall  think  most  conducive 
to  the  public  benefit. 

The  accounts  which  are  directed  to  be  delivered  in  to  you 
by  the  barrack  master  will  show  that  the  greatest  economy 
has  been  observed  in  issuing  the  sums  granted  for  the  sup- 
port of  his  Majesty's  troops  here,  and  that  a  particular  at- 


l  December  31,  1768,  the  Assembly  adopted  resolutions  making  provision 
for  establishing  a  line  recently  agreed  upon  between  Sir  William  Johnson  and 
the  Indians,  and  also  appointing  a  committee  to  inquire  and  report  to  the 
Assembly  at  its  next  meeting  "  what  regulations  may  be  proper  for  this 
House  to  enter  into  with  respect  to  the  Indian  trade."  See  also  Special 
Message  of  December  6. 


SIB  HENRY  MOORE,  1768.  725 

tention  has  been  given  to  the  interest  of  the  Province  as 
well  as  to  his  Majesty's  service  on  this  occasion.2 

I  am  extremely  concerned  to  be  under  a  necessity  of  men- 
tioning to  you  the  distresses  to  which  the  unhappy  suffer- 
ers at  Montreal  have  been  again  re'duced  from  a  second 
calamity  by  fire.  The  sentiments  of  humanity  which  mis- 
fortunes of  this  kind  naturally  excite  will  I  hope  plead  for 
them,  and  I  should  with  pleasure  see  an  example  showed 
to  the  rest  of  the  colonies  by  a  generous  and  suitable  relief 
granted  to  objects  whose  present  situation  can  be  more 
easily  imagined  than  described. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. — I  flatter  myself  that  a  just  sense  of 
the  advantages  to  be  derived  to  the  public  from  your  una- 
nimity and  dispatch  of  business  will  have  a  due  influence  on 
your  proceedings  during  the  course  of  the  session,  and  you 
may  be  assured  of  my  ready  concurrence  with  you  in  every 
measure  which  may  be  proposed  for  his  Majesty's  service 
and  the  welfare  of  the  Province. 

H.  MOORE. 

New  York,  28th  October,  1768. 

SPECIAL  MESSAGES. 

November  1  and  3.  Thanking  the  Council  and  Assembly 
respectively  for  their  addresses. 

November  9.  Recommending  an  additional  appropria- 
tion for  quartering  the  King's  troops.  (See  note  2.) 

November  21.  The  Governor  sent  the  following  com- 
munication to  the  Assembly: 

"  Some  intimations  have  been  given  to  the  mayor  and 
magistrates  of  this  city,  in  the  course  of  the  week  before 
last,  of  a  design  to  disturb  the  public  peace  by  a  riot,  the 
zeal  showed  by  them  on  this  occasion,  together  with  the 


2  An  additional  appropriation   of  eighteen  hundred   pounds  for  quartering 
the  King's  troops  was  made  by  an  act,  chap.  135G,  passed  December  31,  1768. 


726  MESSAGES  FROM  THE  GOVERNOR. 

laudable  declaration  of  the  inhabitants,  of  their  willingness 
to  assist  and  support  them,  in  maintaining  the  tranquillity" 
of  the  city,  gave  me  hopes  that  nothing  of  so  illegal  and 
dangerous  a  tendency  would  be  attempted.  A  few  ill-dis- 
posed persons  have,  nevertheless,  eluded  the  vigilance  of 
the  magistrates,  and  ventured  to  execute  their  purpose,  by 
exciting  a  riot  last  Monday  evening.  As  these  turbulent 
proceedings,  at  a  juncture  so  peculiarly  critical,  may  oc- 
casion imputations  injurious  to  the  colony,  I  have  requested 
the  magistrates  to  exert  themselves  for  the  discovery  of  the 
rioters,  and  with  the  unanimous  advice  of  his  Majesty's 
council,  issued  a  proclamation,  offering  a  reward  of  fifty 
pounds  to  be  paid  upon  the  conviction  of  the  contrivers  and 
chief  promoters  of  this  outrage.  And  as  I  have  no  doubt 
of  your  readiness  to  prevent  the  mischiefs  of  a  measure, 
daring  and  insolent  in  itself,  previously  disavowed  by  the 
inhabitants,  and  seemingly  calculated  to  insult  the  several 
branches  of  the  legislature  now  sitting,  I  flatter  myself  you 
will  concur  with  me  in  the  necessary  steps  to  prevent  the 
colony  from  suffering  any  detriment,  and  by  making  a 
proper  provision  to  enable  me  to  fulfill  the  engagements  I 
have  entered  into  for  this  service. 

HENRY  MOORE." 

On  the  22d  of  November,  the  Assembly  adopted  a  resolu- 
tion to  provide  for  the  payment  of  the  reward  offered  by 
the  Governor  for  the  discovery  of  the  "  contrivers  and 
chief  promoters  "  of  the  riot,  and  in  response  to  his  mes- 
sage, the  Assembly  presented  an  address  to  the  Governor 
on  the  24th,  assuring  him  of  the  Assembly's  loyalty  to  the 
government  and  of  its  desire  and  intention  to  take  all 
practicable  measures  to  maintain  law  and  order  in  the 
Colony.  The  Governor,  thanking  the  Assembly  for  the  ad- 
dress said :  ' '  The  assurances  now  given  me  of  your  readi- 
ness to  support  the  dignity  and  authority  of  government, 


Sm  HENRY  MOORE,  1768.  727 

cannot  fail  of  being  attended  with  the  most  favorable  con- 
sequences to  the  Colony,  and  render  abortive  any  future 
attempt  to  disturb  the  public  tranquillity." 

December  6.  The  Governor  sent  the  following  communi- 
cation to  the  Assembly: 

"  I  take  the  earliest  opportunity  of  laying  before  you 
a  copy  of  the  deed  of  cession,  made  to  his  Majesty,  by  the 
Indians,  at  the  late  congress  held  at  Fort  Stanwix;  to- 
gether with  the  draft  of  that  part  of  the  country  through 
which  the  boundary  line,  now  established  between  this 
Province  and  the  Indians,  will  pass,  the  enclosed  extract 
from  the  proceedings  on  this  occasion,  will  show  what  is 
now  expected  from  us;  and  I  am  persuaded  that  nothing 
will  be  omitted  by  the  legislature  of  this  Colony  to  secure 
to  the  Indians  all  the  rights  they  have  reserved  to  the  east- 
ward of  the  line,  and  to  merit  their  confidence,  by  making 
proper  laws  for  their  protection,  and  for  the  due  carrying 
on  the  trade  among  them.  The  orders  and  regulations 
transmitted  by  the  Secretary  of  State  to  Sir  William 
Johnson,  superintendent  of  Indian  Affairs,  are  now  like- 
wise laid  before  you,  together  with  his  remarks  and  obser- 
vations on  them,  confirmed  by  a  long  experience  in  matters 
of  this  kind;  and  I  earnestly  recommend  this  valuable 
branch  of  commerce  to  the  attention  of  the  House,  as  it 
cannot  fail,  when  properly  conducted,  of  proving  so  bene- 
ficial to  the  community.  (See  note  1.) 

H.  MOORE." 

December  16.  The  improvement  of  inland  navigation  by 
means  of  a  canal  around  the  falls  of  Canajoharie  on  the 
Mohawk  Kiver  was  recommended  by  the  Governor  in  the 
following  communication  to  the  Assembly: 

' '  While  the  attention  of  the  House  of  Assembly  is  em- 
ployed in  forming  new  regulations  for  the  Indian  trade, 
it  may  not  be  thought  improper  to  lay  before  them  any  pro- 


728  MESSAGES  FROM  THE  GOVERNOR. 

posal  which  can  give  assistance  to  the  operation  of  their 
plans,  and  by  removing  the  difficulties  which  particularly 
affect  that  branch  of  commerce,  enlarge  the  advantages 
proposed  to  the  Province. 

' '  It  has  been  observed,  by  all  who  are  concerned  in  the 
Indian  trade,  that  the  great  inconvenience  and  delay,  to- 
gether with  the  expense  attending  the  transport  of  goods, 
at  the  Carrying  Places,  have  considerably  diminished  the 
profits  of  the  trader,  and  called  for  the  aid  of  the  Legisla- 
ture, which,  if  not  timely  exerted  in  their  behalf,  the  com- 
merce with  the  interior  parts  of  the  country  may  be  di- 
verted into  such  channels,  as  to  deprive  this  colony  of  every 
advantage  which  could  arise  from  it.  The  obstruction  of 
the  navigation  of  the  Mohawk  Eiver,  between  Schenectady 
and  Fort  Stanwix,  occasioned  by  the  falls  of  Canajoharie, 
has  been  constantly  complained  of,  though  it  is  obvious  to 
all  who  have  been  conversant  in  matters  of  this  kind,  that 
the  difficulty  is  easily  to  be  removed  by  sluices,  upon  the 
plan  of  those  in  the  great  canal  of  Languedoc,  in  France, 
which  was  made  to  open  communication  between  the  Atlan- 
tic Ocean  and  the  Mediterranean.  The  opportunity  I  had 
in  my  tour  last  summer,  of  examining  this  Carrying  Place, 
and  of  measuring  the  falls,  has  engaged  me  to  recommend 
to  the  House  of  Assembly  the  improvement  of  our  inland 
navigation  as  a  matter  of  the  greatest  consequence  to  the 
Province,  and  worthy  of  their  serious  consideration. 

H.  MOOKE." 

December  24.  Transmitting  and  recommending  the 
favorable  consideration  of  an  account  presented  by  Lieu- 
tenant-Governor Colden  for  losses  suffered  during  the  riot 
of  November  1,  1765,  and  also  for  unpaid  salary  as  acting 
Governor.3 


3  The  Assembly  seems  to  have  ignored  the  Lieutenant-Governor's  claim 
for  damages  caused  by  the  riot,  but  the  salaries  act,  chap.  1358,  passed  De- 
cember 31,  1708,  contained  an  appropriation  for  his  salary  while  acting  aa 
Governor  immediately  prior  to  the  arrival  of  Governor  Moore. 


SIB  HENRY  MOORE,  1769.  729 

December  30.  Recommending  an  additional  allowance 
to  the  Attorney-General  for  expenses  incurred  by  him  in 
criminal  prosecutions.4 

1769.  January  2.  The  Governor,  having  convened  the 
Council  and  Assembly  in  joint  session,  delivered  the  follow- 
ing speech  to  the  Assemby: 

"  The  address  presented  to  me  on  the  23d  of  November 
last,  in  answer  to  my  message  concerning  the  riot  which 
was  insolently  attempted  in  this  city,  since  the  meeting  of 
the  house  of  Assembly,  gave  me  the  most  sanguine  expec- 
tations that  the  present  session  would  have  terminated  with 
honor  to  yourselves,  and  real  benefit  to  your  constituents. 
The  general  abhorrence  without  doors  of  all  immoderate 
measures,  confirmed  me  in  these  sentiments,  and  it  is  with 
the  utmost  concern  I  am  now  under  the  painful  necessity 
of  expressing  myself  in  terms,  as  painful  and  disagreeable 
to  me,  as  they  possibly  can  be  to  the  house. 

The  extraordinary  nature  of  certain  resolves  lately 
entered  on  your  journals,  some  flatly  repugnant  to  the  laws 
of  Great  Britain,  and  others  with  an  apparent  tendency 
to  give  offence,  where  common  prudence  would  avoid  it, 
have  put  it  out  of  my  power  to  continue  this  Assembly  any 
longer.5  I  observe  by  your  journals  that  you  have  prepared 

4  The  salaries  act,  chap.  1358,  contained  an  appropriation  of  one  hundred 
and  fifty  pounds  for  the  Attorney-General  for  extraordinary  expenses. 

5  The   Assembly    records    show  that   a    petition    or   "  representation "    con- 
cerning Colonial  affairs  was  prepared  by  the  Assembly,  and  on  the  17th  of 
December  ordered  to  be  transmitted  to  its  London  agent  to  be  presented  to 
the  King  and  both  houses  of  Parliament. 

The  petition  to  the  King  denied  that  the  people  had  any  inclination 
toward  independence,  but  considered  the  union  of  the  Colony  with,  "  and  de- 
pendence upon  Great  Britain  as  the  most  durable  source  of  their  security 
and  happiness,"  and  most  cheerfully  submitted  to  the  "  authority  of  Parlia- 
ment in  making  laws  for  preserving  a  necessary  subordination."  But  they  did 
not  concede  the  "  power  of  imposing  taxes  upon  them  without  their  consent," 
essential  to  that  salutary  purpose,  and  the  people  believed  that  they  did  not 
arrogate  to  themselves  "  any  unconstitutional  right,  by  claiming  the  privilege 
of  being  exempted  from  all  taxes,  but  those  that  are  laid  upon  them  by  their 


730  MESSAGES  FROM  THE  GOVERNOR. 

representations  of  the  state  of  the  Colony  to  be  presented 
to  his  Majesty ;  claims  that  respect  the  supremacy  of  Great 
Britain  are  of  so  important  and  delicate  a  nature,  that 
every  motive  of  duty  and  interest  urges  you,  at  this  critical 
juncture,  to  avoid  offence,  and  conciliate  a  favorable  audi- 
ence to  your  petitions;  from  the  late  assurances  you  gave 
me,  I  hope  they  are  expressed  in  such  terms  of  decency  and 
respect  as  may  recommend  them  to  the  royal  ear,  and  merit 
the  attention  of  the  Parliament. 

For  my  own  part,  I  have  steadily  aimed  at  and  shall  still 
continue  my  endeavors  to  promote  the  prosperity  of  the 

own  representatives."  The  petition  protested  against  recent  acts  of  Parlia- 
ment imposing  duties  on  the  Colonies  for  the  purpose  of  raising  revenue  for 
the  home  government  as  "  subversive  of  the  constitutional  rights "  of  the 
people,  "  because  as  they  neither  are,  nor  from  their  peculiar  circumstances 
can  be,  represented  in  that  august  Assembly,  their  property  is  granted  away 
by  your  Majesty's  Commons  in  Great  Britain  without  their  consent."  The 
petition  also  protested  against  the  recent  act  of  Parliament  suspending  the 
legislative  power  of  the  representatives  of  the  colony. 

On  the  31st  of  December,  the  Assembly  adopted  a  series  of  resolutions  on 
the  same  general  subject,  asserting  that  the  Assembly  had  the  same  constitu- 
tional right  as  the  House  of  Commons  to  present  petitions  to  the  King  "  for 
constitutional  benefits  and  redress  of  grievances." 

That  New  York  "  lawfully  and  constitutionally  has  and  enjoys  an  internal 
Legislature  of  its  own,  in  which  the  Crown,  and  the  people  of  this  Colony 
are  constitutionally  represented;  and  that  the  power  and  authority  of  the 
said  Legislature  cannot  lawfully  or  constitutionally  be  suspended,  abridged, 
abrogated  or  annulled  by  any  power,  authority  or  prerogative  whatsoever, 
the  prerogative  of  the  Crown  ordinarily  exercised  for  prorogations  and  dis- 
solutions only  excepted." 

That  the  Assembly  "  has  an  undoubted  right  to  correspond  and  consult  with 
any  of  the  neighboring  Colonies,  or  with  any  other  of  his  Majesty's  subjects 
out  of  this  Colony,  or  belonging  to  any  part  of  his  Majesty's  realm  or  do- 
minions, either  individually  or  collectively,  on  any  matter,  subject  or  thing 
whatsoever,  whereby  they  shall  conceive  the  rights,  liberties  or  privileges  of 
this  House  or  of  its  constituents  are  or  may  be  affected." 

But  the  Assembly,  by  a  vote  of  six  to  seventeen,  rejected  the  following  pro- 
posed addition  to  the  last  resolution: 

"  And,  therefore,  that  the  act  of  Parliament  suspending  the  Legislature 
of  this  Colony,  is  a  high  infringement  of  the  freedom  of  the  inhabitants  of 
this  Colony,  and  tends  to  deprive  them  of  their  natural  and  constitutional 
rights  and  privileges," 


I 

SIR  HENRY  MOORE,  1769.  731 

colony ;  and  I  cannot  help  lamenting  that  you  have  suffered 
an  intemperate  heat  so  far  to  prevail  in  your  house  that 
my  duty  forbids  me  to  countenance  your  present  conduct; 
for  after  you  had  once  resolved  to  lay  your  case  before  his 
Majesty,  it  must  evidently  appear  that  the  measures  you 
have  since  pursued  were  not  only  unnecessary,  but  in  the 
present  exigency  of  affairs  dangerous  to  the  colony. 

I  still  entertain  so  good  an  opinion  of  the  house  in  gen- 
eral that  I  am  willing  to  impute  these  proceedings  to  error ; 
and  shall,  in  my  representations  of  them  to  his  Majesty, 
place  them  in  the  properest  light  to  prevent,  as  far  as  lays 
in  my  power,  any  unfavorable  misconceptions  of  the  people 
committed  to  my  care,  and  do  that  justice  which  is  required 
at  my  hands  to  the  many  who  have  the  real  interest  of  the 
country  at  heart,  and  who  have  wished  to  see  the  fairer 
prospects  of  advantage  derived  to  the  community  from 
your  session,  than  the  conclusion  of  it  seems  to  promise. 
I  do  now,  in  his  Majesty's  name,  dissolve  this  Assembly; 
and  this  Assembly  is  hereby  dissolved  accordingly. 

H.  MOORE." 

January  2.    The  Assembly  was  dissolved. 


1769.    APRIL.    THIRTY-FIRST  ASSEMBLY,  FIRST  SESSION. 


Sir  HENRY  MOORE,  Governor. 

Writs  of  election  for  this  Assembly  were  made  return- 
able February  14,  1769,  but  the  session  did  not  begin  until 
the  4th  of  April,  when  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  The  services  for  the  current  year 
having  in  a  great  measure  been  provided  for,  I  shall  avoid 


732  MESSAGES  FROM  THE  GOVERNOR. 

laying  before  you  anything  which  might  prolong  your  ses- 
sion at  this  inconvenient  season,  and  confine  myself  entirely 
to  such  matters  as  will  require  your  immediate  attention. 

The  present  method  of  appointing  an  agent  to  solicit  the 
affairs  of  this  colony  in  England  being  liable  to  many 
objections,  I  have  it  in  command  to  recommend  to  you  the 
rule  observed  in  the  West  India  Islands,  Virginia,  Carolina 
and  Georgia  as  the  only  proper  and  constitutional  mode  by 
which  any  person  can  be  sufficiently  authorized  to  repre- 
sent the  Province  and  to  act  for  it  in  all  matters  which 
concern  its  interest  in  general.  This  has  been  usually  done 
by  an  act  of  the  Governor,  Council  and  Assembly,  specially 
passed  for  that  purpose,  which  practice  has  been  formerly 
adopted  here. 

A  regulation  of  this  kind  so  evidently  appears  to  be  cal- 
culated for  the  public  benefit  as  to  require  nothing  farther 
to  be  said  in  support  of  it,  and  a  deviation  from  the  mode 
approved  of  in  other  colonies,  may  in  future  create  great 
difficulty  and  disappointment  in  transacting  the  affairs  of 
this  Province  both  in  office  and  Parliament. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  By  the  barrack 
master's  accounts,  which  I  have  directed  to  be  laid  before 
you,  it  will  appear  that  the  greatest  part  of  the  sum  granted 
in  the  last  session  for  the  support  of  his  Majesty's  troops 
in  this  Province  was  employed  in  paying  off  a  considerable 
arrearage  due  to  several  persons  for  necessaries  furnished 
by  them  some  time  before  the  commencement  of  the  session 
in  which  that  appropriation  was  made.  This  obliges  me  to 
lay  the  present  deficiency  before  you,  and  to  recommend 
such  additional  provision  to  be  made  as  may  be  adequate 
to  the  service  required.1 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  Whatever  you  may  have  to  propose 

*  An  act,  chapter  1386,  passed  May  20th,  made  a  further  appropriation  of 
eighteen  hundred  pounds  for  quartering  the  King's  troops. 


Sm  HENRY  MOOEE,  1769.  733 

during  the  course  of  your  session  for  the  public  benefit,  will 
always  meet  with  the  readiest  concurrence  on  my  part,  and 
I  shall  be  happ}r  to  co-operate  with  you  in  every  measure 
for  promoting  his  Majesty's  service  and  the  advantage  of 
the  Province. 

H.  MOORE. 

SPECIAL  MESSAGES. 

April  5.  Transmitting  to  the  Assembly  a  letter  from 
General  Gage,  relative  to  trade  with  the  Indians,  and 
recommending  its  early  consideration.2 

April  5.     Thanking  the  Council  for  its  address. 

April  11.  Thanking  the  Assembly  for  its  address,  the 
Governor  said  he  had  represented  to  the  King's  ministers 
the  distresses  the  Colony  labored  under  in  consequence  of 
the  scarcity  of  paper  currency,  and  that  he  would  communi- 
cate the  first  orders  he  received  empowering  him  to  alle- 
viate them. 

May  17.  The  Governor  sent  the  following  communica- 
tion to  the  Assembly: 

"A  subscription  having  been  very  lately  set  on  foot  for 
building  an  hospital  in  this  city,  it  has  already  been 
attended  with  so  much  success  from  the  general  approba- 
tion of  so  humane  and  benevolent  a  design,  as  to  afford  the 
fairest  prospect  of  carrying  it  into  execution.  As  the  con- 
tributions of  individuals  alone  will  be  inadequate  to  the 
plan  proposed  of  rendering  it  beneficial  to  the  whole  Prov- 
ince, I  beg  leave  to  recommend  this  useful  undertaking  to 
the  consideration  of  the  House  of  Assembly,  and  hope  that 
the  advantage  to  be  derived  from  it,  not  only  to  the  city, 
but  to  the  colony  in  general,  may  appear  in  such  a  light  as 
to  be  thought  a  proper  object  of  the  attention  and  encour- 
agement of  the  Legislature. 

H.  MOOEE." 


2  The  Assembly  by  a  resolution  adopted  May  19th,  made  provision  for  an 
interpreter  and  two  smiths  at  Niagara  and  Detroit,  until  the  following  first  of 
January,  and  authorized  the  expenditure  of  not  more  than  one  hundred  and 
fifty  pounds  by  the  Governor  for  this  purpose. 


734  MESSAGES  PROM  THE  GOVERNOR. 

The  Assembly  adopted  a  resolution  on  the  19th,  post- 
poning action  on  the  hospital  matter  until  the  next  meeting. 

May  20.  The  Assembly  was  prorogued  to  the  6th  of 
July. 


1769.    NOVEMBER.    THIRTY-FIRST  ASSEMBLY,  SECOND  SESSION. 

CADWALLADER  GOLDEN,  Lieutenant-Governor. 

The  Assembly  had  been  adjourned  to  the  6th  of  July,  but 
did  not  meet  until  the  21st  of  November.  Governor  Moore 
died  on  the  llth  of  September,  and  on  the  13th  Lieutenant- 
Governor  Golden  again  assumed  the  executive  office.  On 
the  22d  of  November,  he  delivered  in  the  presence  of  both 
Houses  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — > 
The  loss  which  the  Province  sustains  in  the  death  of  the 
Governor-in-Chief  would  be  most  sensibly  felt  by  me  was  I 
not  confident  of  your  ready  assistance  and  support  in  every 
measure  calculated  for  the  honor  and  interest  of  the 
Province. 

There  is  now  the  greatest  probability  that  the  late  duties 
imposed  by  the  authority  of  Parliament,  which  have  oper- 
ated so  much  to  the  dissatisfaction  of  the  colonies  in  gen- 
eral, will  be  taken  off  in  the  ensuing  session.  The  prospect 
of  this  desirable  event  as  it  evinces  the  most  favorable 
disposition  in  the  parent  kingdom,  must  afford  you  the 
highest  satisfaction.  And  I  trust  that  your  proceedings 
in  the  present  critical  juncture  will  be  conducted  with  such 
temper,  moderation  and  wisdom  as  will  manifest  your  zeal 
to  promote  the  re-establishment  of  that  mutual  confidence 
and  affection  on  which  the  glory  and  safety  of  the  British 
empire  depend. 


CADWALLADER  GOLDEN,  1769.  735 

His  Majesty  having  been  pleased  to  direct  that  the 
regulation  of  the  trade  with  the  Indian  nations  shall  for 
the  future  be  left  to  his  colonies,  I  hope  that  the  considera- 
tion of  this  important  object  in  wtyich  you  have  already 
made  some  progress,  will  be  resumed  in  the  course  of  the 
session,  and  a  law  passed  effectually  to  answer  his  Maj- 
esty's gracious  intentions,  by  establishing  such  equitable 
regulations  as  may  tend  to  the  improvement  of  our  com- 
mercial advantages,  and  to  preserve  the  friendship  and 
conciliate  the  affection  of  the  natives  so  essential  at  all 
times  to  the  tranquillity  of  the  frontiers  and  the  prosperity 
of  the  colony.1 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — By  the  accounts 
to  be  laid  before  you  it  will  appear  that  the  moneys  appro- 
priated for  furnishing  his  Majesty's  troops  with  necessaries 
have  been  wholly  expended,  and  a  large  arrear  incurred. 
My  duty  therefore  obliges  me  with  the  other  supplies 
usually  granted  at  this  season  to  recommend  a  farther  pro- 
vision for  this  necessary  service.2 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  great  desire  I  have  to  promote  by  every  means  in  my 
power  the  welfare  and  happiness  of  the  people  of  this 
Province,  will  lead  me  cheerfully  to  adopt  every  measure 
advancive  of  his  Majesty's  service,  and  beneficial  to  the 


1  November    30,    1769,    the    Assembly    adopted    resolutions    expressing    the 
opinion  that  no  law  could  be  passed  by  New  York  that  would  fully  regulate 
the  Indian  trade,  without  the  harmonious  co-operation  of  other  Colonies,  and 
that  a  law  should  be  passed  providing  for  the  appointment  of  commissioners 
to   confer   with    commissioners   of   other   Colonies   on   this   subject.     An   act, 
chap.   1431,  was  passed  on  the  27th  of   January,   1770,  appointing   commis- 
sioners to  meet  with  commissioners  who  are  or   may  be   appointed  by  the 
neighboring    Colonies   to   fix   on   a   general   plan   for   the    regulation   of    the 
Indian  trade. 

2  An  act  passed  January  5,   1770,  chap.  1422,  appropriated  two  thousand 
pounds  for  quartering  the  King's  troops. 


736  MESSAGES  PROM  THE  GOVERNOR. 

public,  and  whatever  you  shall  propose  conducive  to  these 
salutary  purposes  you  may  be  assured  will  meet  with  my 
ready  concurrence. 

CADWALLADER  COLDEN. 
New  York  November  22d  1769. 

SPECIAL  MESSAGES. 

November  25  and  29.  Thanking  the  Council  and  Assem- 
bly respectively  for  their  addresses. 

1770.  January  10.  Transmitting  accounts  presented 
for  materials  furnished  and  labor  performed  at  Fort 
George,3  and  also  for  expenses  incurred  in  quartering  the 
King's  troops. 

January  27.  The  Assembly  was  prorogued  to  the  13th 
of  March. 


1770.     DECEMBER.     THIRTY-FIRST   ASSEMBLY,   THIRD   SESSION. 


EARL  OF  DUNMORE  (JOHN  MURRAY),  Governor. 

The  Assembly  had  been  prorogued  to  the  13th  of  March, 
1770,  but  it  did  not  meet  until  the  llth  of  December. 
January  2,  1770,  John  Murray,  Earl  of  Dunmore,  was 
appointed  Governor.  He  arrived  in  New  York  on  the  18th 
of  October,  and  the  next  day  took  the  oath  of  office  and 
published  his  commission  with  the  usual  ceremonies.  At 
the  opening  of  this  session  on  the  llth  of  December,  he 
delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
When  his  Majesty  was  pleased  to  confer  on  me  a  govern- 


8  The  claims  for  repairs  at  Fort  George  were  paid  by  appropriations   in- 
cluded in  the  salaries  act,  chap.  1427,  passed  January  27,  1770. 


I 

EARL  OF  DUNMORE,  1770.  737 

ment  in  this  country,  it  filled  me  with  the  highest  satisfac- 
tion, and  I  esteem  myself  peculiarly  fortunate  in  having 
been  appointed  to  the  command  of  this  Province,  whose 
example  has  been  the  happy  means  of  renewing  that  mutual 
intercourse  between  the  Mother  Country  and  her  colonies, 
which  is  so  much  the  interest  of  both  to  preserve  uninter- 
rupted. This  salutary  reconciliation  effected  by  the  people 
of  this  Province  cannot  fail  of  endearing  them  in  a  particu- 
lar manner  to  our  most  gracious  sovereign. 

The  violent  proceedings  of  the  Spaniards  in  dispossess- 
ing (in  time  of  profound  peace)  his  Majesty's  subjects  of 
their  settlement  at  Fort  Egmont  in  Falkland's  Island,  and 
the  considerable  naval  armaments  which  we  hear  are  pre- 
pared in  consequence  by  his  Majesty's  orders,  give  us 
sufficient  reason  to  apprehend  that  war  may  be  the  result. 
If  this  should  happen,  I  have  the  strongest  assurances  that 
the  security  of  this  part  of  his  Majesty's  dominions  will 
be  a  principal  object  of  his  care  and  attention.  Yet  it  is 
incumbent  on  us  to  consider  what  may  be  necessary  for  its 
protection  against  the  sudden  attempts  of  an  enemy. 

GENTLEMEN  OP  THE  GENERAL  ASSEMBLY. —  You  cannot  be 
too  early  in  your  deliberations  upon  making  provision  for 
those  exigencies  in  case  our  apprehensions  should  be 
verified. 

I  have  nothing  more  at  this  time  to  recommend  to  you 
but  the  supplies  for  his  Majesty's  troops 1  and  the  necessary 
support  of  government.2 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
The  favorable  opinion  I  have  conceived  of  this  colony  as 
well  as  my  duty  to  his  Majesty,  will  make  me  always 
solicitous  to  contribute  whatever  my  authority,  my  credit 


1  An  act,  chap.  1474,  passed  February  16,  1771,  appropriated  two  thousand 
pounds  for  quartering  the  King's  troops. 

2  The   usual  act  for  the  support   of  government,  chap.    1465,   was   passed 
December  22,  1770. 

47 


738  MESSAGES  FROM  THE  GOVERNOR. 

or  my  abilities  can  furnish  to  promote  the  welfare  thereof ; 
the  highest  pleasure  I  can  enjoy  will  be  faithfully  to  repre- 
sent to  his  Majesty  the  zeal  and  unanimity  of  his  subjects 
in  it,  and  my  greatest  ambition  to  possess  the  esteem  and 
affection  of  the  people  of  this  Province. 

DUNMOEE. 

SPECIAL  MESSAGES. 

December  14  and  19.  Thanking  the  Council  and  Assem- 
bly respectively  for  their  addresses. 

1771.  January  18.  Informing  the  Assembly  that  he 
could  not  accept  a  salary  voted  by  it,  for  the  reason  that 
his  salary  was  payable  out  of  the  royal  treasury. 

January  21.  The  Governor  sent  the  following  message 
to  the  Assembly  relative  to  trade  with  the  Indians : 

" After  his  Majesty  had  thought  fit  to  leave  it  to  his 
colonies  to  make  such  regulations  concerning  the  Indian 
commerce  as  they  should  judge  proper,  there  was  reason 
to  hope  that  a  matter  on  which  their  interest  and  safety 
so  much  depend  would  have  been  an  immediate  object  of 
their  serious  deliberation;  but  as  nothing  effectual  appears 
yet  to  have  been  done,  and  the  Indians,  you  will  perceive  by 
the  papers  now  laid  before  you,  have  in  the  strongest  man- 
ner expressed  their  impatience  under  the  abuses  to  which 
they  are  constantly  exposed.  His  Majesty  considering  how 
earnest  they  have  been  in  their  complaints,  a,nd  the  conse- 
quences likely  to  happen  if  they  are  not  redressed,  has  been 
pleased  to  declare  his  pleasure  that  this  important  concern 
should  be  again  recommended  to  the  respective  legisla- 
tures ;  and  it  is  with  the  firmest  reliance  on  your  readiness 
to  promote  what  is  so  essential  to  the  prosperity  of  the 
colony  that  I  now,  in  obedience  to  his  Majesty's  commands, 
urge  you  to  fall  upon  some  means  of  putting  Indian  affairs 


WILLIAM  TRYON,  1772.  739 

under  such  regulations  as  may  prevent  all  frauds  and 
abuses  in  trade,  and  those  violences  and  encroachments  of 
which  they  complain.3 

DUNMOEE." 

January  23.  Eecommending  certain  repairs  to  the  Gov- 
ernor's house  and  additional  barrack  rooms. 

February  13.  Eecommending  that  measures  be  taken  to 
ascertain  the  boundary  line  between  New  York  and  Quebec 
which  had  been  fixed  by  Governor  Moore  at  forty-five  de- 
grees north  latitude  to  the  Connecticut  Eiver.4 

March  4.  The  Assembly  was  prorogued  to  the  llth 
instant. 


1772.    JANUARY.    THIRTY-FIRST  ASSEMBLY,  FOURTH  SESSION. 


WILLIAM  TRYON,  Governor. 

January  19,  1771,  William  Tryon  was  appointed  Gov- 
ernor of  New  York.  He  had  previously  been  Governor  of 
North  Carolina,  He  arrived  in  New  York  on  the  7th  of 
July,  1771,  and  the  next  day  received  his  commission  and 


3  Replying  to  this  communication,  the  Assembly  presented  an  address  to 
the  Governor  on  •  the  15th  of  February,  informing  him  of  the  passage  of  a  law 
on  the  27th  of  January,  1770,  appointing  commissioners  to  confer  with  com- 
missioners from  other  Colonies  on  the  subject  of  Indian  trade;  that  only  com- 
missioners from  New  York  and  Virginia  met  at  the  time  appointed,  but  they 
agreed  to  meet  again  at  a  time  and  place  to  be  fixed  by  the  Governors  of  the 
Colonies;  that  the  Assembly  at  the  present  session  had  directed  the  prepara- 
tion of  a  bill  "  for  this  necessary  service,"  but  the  business  to  be  conducted  by 
New  York  alone  was  of  such  a  delicate  character,  that  the  Assembly  might  not 
be  able  to  pass  the  bill  at  that  session,  more  especially  because  it  was  neces- 
sary  to    obtain    information    concerning    regulations    then    practiced    in   the 
Indian  country;  and  the  address  assured  the  Governor  that  the  matter  would 
receive  prompt  and  careful  attention. 

4  The   Assembly   adopted   a   resolution   February   14th,   recommending   that 
New  York  bear  one-half  of  the  expense  of  determining  the  Quebec  boundary 
line,  and  that  one  hundred  and  fifty  pounds  be  appropriated  for  that  purpose. 


740  MESSAGES  FROM  THE  GOVERNOR. 

instructions  from  Governor  Dunmore.  On  the  9th,  Gov- 
ernor Tryon  took  the  oath  of  office  and  published  his  com- 
mission. On  the  7th  of  August,  the  Governor  submitted  to 
the  Council  the  question  whether  the  Assembly  should  be 
continued  or  dissolved,  and  the  Council  unanimously  voted 
to  continue  the  Assembly. 

The  fourth  session  opened  January  7,  1772,  and  the  next 
day  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  While  I  reflect  on  the  important 
duties  attendant  on  the  elevated  station  in  which  it  has 
graciously  pleased  my  royal  master  to  place  me,  and  that 
I  have  the  honor  to  succeed  the  noble  personage  who  so 
justly  merited  the  high  applause  he  received  from  a  grate- 
ful people,  my  heart  is  filled  with  every  sensible  anxiety, 
but  when  I  review  the  honorable  and  affectionate  addresses 
presented  to  me  on  my  arrival,  my  spirits  are  cheered  with 
the  most  pleasing  expectations ;  that  these  may  be  realized 
I  am  now  to  entreat  the  aid  of  your  united  and  generous 
efforts  in  support  of  an  administration  which  can  be  only 
successful  in  proportion  to  the  assistance  I  receive  from 
you. 

Through  the  extensive  benificence  of  my  sovereign,  un- 
solicited and  unexpected,  I  appear  in  the  rank  I  now  stand 
before  you.  Finding  my  own  health  and  that  of  my  family 
greatly  impaired  by  a  southern  climate,  I  had  requested 
and  actually  obtained  the  King's  leave  to  return  to  my 
native  country;  soon  after  which  three  weighty  objects  pre- 
sented themselves  to  my  view.  The  distractions  of  the 
Province  I  was  in,  my  appointment  to  this  government,  and 
the  regard  due  to  a  family  oppressed  with  sickness:  on 
the  one  side  the  support  of  a  people,  friends  to  the  laws, 
attached  to  the  constitution  and  loyal  to  their  Prince,  was 


WILLIAM  TRYON,  1772.  741 

offered  me  to  suppress  an  insurrection  that  had  even  sub- 
verted their  civil  liberties ;  on  the  other  my  inclination  led 
me  to  accept  the  more  friendly  invitation  to  this  happy 
climate  where  I  expected  to  reap  tjiose  benefits  which  my 
family  have  since  in  a  great  measure  experienced  in  their 
health;  public  duty  however  prevailing  over  every  other 
passionate  desire,  my  honor  and  my  services  I  held  engaged 
in  the  public  cause  free  from  any  motive  of  revenge  or 
feeling  other  resentment  than  what  sprung  from  a  sense  of 
my  country's  wrongs.  The  enterprise  was  successful  and 
the  event  crowned  with  the  perfect  restoration  of  good 
order  and  public  peace  to  the  country;  blessings  under 
Providence  effected  by  a  small  body  of  officers  and  men 
whose  spirited  conduct  has  made  the  deepest  impressions 
of  gratitude  on  my  mind.  This  service  unavoidably  pre- 
vented my  paying  an  earlier  obedience  to  his  Majesty's 
commands  and  my  own  wishes  by  repairing  to  this  govern- 
ment. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  Having  noth- 
ing in  command  immediately  from  his  Majesty  to  communi- 
cate, it  is  my  duty  to  point  out  to  you  the  necessity  of 
framing  a  militia  bill  upon  such  a  system  as  will  render  it 
most  useful  in  defence  of  the  country.1 

The  injuries  of  time  and  storms  have  so  defaced  the 
fortifications  of  this  city  that  they  require  a  thorough  re- 
pair as  soon  as  the  season  will  admit;2  I  am  therefore  to 
recommend  to  you  to  provide  as  well  for  this  essential  work, 
as  the  supplies  for  his  Majesty's  troops,3  and  the  support 
of  government.4 


1  A  militia  law,  chap.  1541,  was  passed  March  24th. 

2  The  salaries  act,  chap.  1540,  passed  March  24th,  appropriated  one  thou- 
sand pounds  for  repairs  to  fortifications  in  the  city  of  New  York. 

3  The  act,  chap.   1513,  passed  February  26th,  appropriated   two  thousand 
pounds  for  quartering  the  King's  troops. 

*  An  act  for  the  support  of  government,  chap.  1509,  was  passed  January 
22d. 


742  MESSAGES  FROM  THE  GOVERNOB. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  It  is  from  the  very  favorable  recep- 
tion I  have  met  with  since  my  arrival  that  I  draw  my  most 
assured  hopes  of  future  happiness  among  you.  Influenced 
only  by  principles  that  flow  from  an  honest  heart,  I  feel  an 
ardent  desire  to  co-operate  with  you  in  every  measure  that 
will  best  promote  the  honor  and  dignity  of  his  Majesty's 
government,  and  advance  the  real  felicity  of  a  people  emi- 
nently distinguished  by  their  loyalty  to  the  best  of  sover- 
eigns and  affectionate  disposition  to  their  Mother  Country. 

WILLIAM  TRYON. 
City  of  New  York 

8th  of  January  1772. 

SPECIAL  MESSAGES. 

January  17.  Thanking  the  Council  and  Assembly  for 
their  addresses,  both  of  which  especially  commended  the 
Governor's  administration  in  North  Carolina. 

January  21.  The  Governor  sent  the  following  communi- 
cation to  both  Houses : 

"As  nothing  gives  greater  credit  to  a  country  than  estab- 
lishments of  public  utility,  so  it  is  not  more  at  the 
instance  of  many  of  the  principal  gentlemen  in  this  govern- 
ment, than  in  compliance  with  my  own  inclination,  that  I 
request  of  you  to  take  under  your  care  and  protection  an 
institution  planned  by  a  society  lately  incorporated  for 
founding  an  hospital  in  this  city,  for  the  reception  of  the 
poor,  debilitated  by  age,  or  oppressed  with  infirmities.  The 
many  advantages  arising  to  a  community  from  a  public 
hospital,  not  to  mention  the  honor  it  reflects  on  its  inhabit- 
ants, are  obvious  to  every  one,  and  will  ever  be  readily 
acknowledged  by  the  humane  and  benevolent ;  and  although 
infirmaries  and  charitable  foundations  usually  owe  their 
origin  to  the  bounty  and  voluntary  contribution  of  indi- 
viduals, yet  being  calculated  to  guard  against  public  calami- 


WILLIAM  TRYON,  1772.  743 

ties  and  distresses,  they  call  for  the  public  aid  and  assist- 
ance to  give  them  duration  and  stability. 

A  becoming  generosity  in  the  legislature  of  a  country 
for  the  charitable  purpose  of  relieving  the  aged,  indigent 
and  infirm,  loaded  with  ills,  which  nature  of  itself  is  unable 
to  sustain,  is  ever  esteemed  the  strongest  proof  of  national 
virtue.  I  shall  not  presume  to  prescribe  to  you  either  the 
mode  or  the  measure  of  your  liberality;  your  knowledge 
of  the  police  of  this  government  will  best  point  out  to  you 
the  former,  Christian  benevolence  and  your  own  feeling 
suggest  the  latter.5 

WM.  TRYON." 


5  See  Governor  Moore's  special  message  of  May  17,  1769,  ante  p.  733,  for 
a  similar  recommendation. 

June  13,  1771,  the  King  granted  a  charter  to  a  corporation  known  as  "The 
Society  of  the  Hospital  in  the  City  of  New  York  in  America."  Governor 
Tryon  in  the  foregoing  special  message  recommended  legislation  in  aid  of 
the  society.  Following  this  message,  the  mayor  of  New  York  and  several 
other  governors  of  the  society,  appeared  in  the  Assembly  Chamber  on  the  18th 
of  February,  1772,  and  presented  a  copy  of  the  charter,  together  with  a 
petition  praying  for  public  aid  to  carry  on  the  work  of  the  society. 

The  petitioners  assured  the  Assembly  that  they  would  proceed  in  the 
"  execution  of  their  important  trust  uninfluenced  by  any  contracted  or 
partial  attachments  whatever;  nor  shall  civil  or  religious  distinctions  of  any 
kind  disqualify  any  person  from  partaking  of  the  benefits  of  this  infirmary, 
whose  disease  calls  for  a  physician,  and  whose  poverty  exposes  him  to  periah, 
without  its  necessary  and  compassionate  relief."  The  petitioners  said  that 
several  thousand  pounds  had  been  subscribed  for  the  institution,  but  that 
land  and  other  property  would  be  necessary  for  carrying  on  its  work,  and 
that  the  project  would  languish  without  public  aid. 

The  petitioners  suggested  that  a  part  of  the  fund  derived  from  excise  be 
granted  for  hospital  purposes,  "  there  being  a '  propriety  in  converting  the 
assessment  upon  intemperance  to  the  relief  and  cure  of  the  diseased,  helpless, 
and  distressed." 

According  to  the  census  of  1771,  New  York  city  had  a  population  of  21,863 
—  18,726  whites  and  3,137  blacks. 

The  Legislature,  responding  to  the  Governor's  recommendation  and  the 
society's  petition,  passed  an  act  March  24,  1772,  chap.  1550,  which  appro- 
priated eight  hundred  pounds  annually  for  twenty  years,  beginning  February 
1,  1773,  to  be  paid  from  excise  moneys  collected  in  the  city  of  New  York. 
The  preamble  recited  the  incorporation  and  objects  of  the  society,  and  its 
nonpolttical  and  nonsectarian  character.  This  seems  to  have  been  the 
beginning  of  hospital  legislation  in  New  York. 


744  MESSAGES  FROM  THE  GOVERNOR. 

January  24.  Transmitting  an  extract  from  his  instruc- 
tions, requiring  the  enactment  of  a  law  in  the  colony  for 
the  collection  of  a  powder  duty.6 

January  29.  Transmitting  an  account  presented  by  Gen- 
eral Gage  for  expenses  incurred  in  quartering  the  King's 
troops.7 

January  29.  Transmitting  an  account  presented  by 
Simon  Metcalf  for  the  balance  due  for  services  in  running 
a  line  between  the  Colony  and  the  Indian  country.  An 
appropriation  had  been  made  to  him  for  similar  service  by 
an  act,  chapter  1475,  passed  February  16,  1771.  The  claim 
here  presented  by  Governor  Tryon  was  disallowed  by  the 
Assembly. 

January  31.  The  Governor  sent  the  following  communi- 
cation to  the  Assembly  relative  to  the  Quebec  boundary 
line: 

"  The  Commissioners  appointed  by  the  Earl  of  Dunmore 
and  Lieut.  Governor  Cramahe  to  run  the  partition  line  last 
fall  between  the  governments  of  New  York  and  Quebec, 
having  run  twenty-two  miles  only  of  the  course  prescribed 
to  them  owing  to  the  sickness  of  some  of  the  party,  and 
the  expenses  attending  the  same  amounting  nearly  to  the 
sum  granted  the  last  session  for  that  business,  I  am  to 
apply  to  you  for  an  additional  vote  of  credit  for  the  com- 
pletion of  that  important  service,  as  the  surveyor  general, 
or  his  sufficient  deputy,  on  the  part  of  this  province  is  to 
meet  the  commissioners  from  Quebec  the  first  of  March 
next  at  the  river  Cole,  in  order  to  run  the  line  from  where 
the  commissioners  left  off,  an  east  course  till  they  strike 


6  March   13th,  the  Assembly  adopted   a  resolution   expressing  the  opinion 
that  a  law  should  not  be  passed  imposing  a  perpetual  powder  duty  on  every 
vessel  that  enters  and  clears  in  this  Colony. 

7  The  Assembly  passed   a   resolution,  March    13th,   recommending  the   dis- 
allowance of  the  claim  presented  by  General  Gage. 


I 

WILLIAM  TRYON,  1772.  745 

the  west  bank  of  Connecticut  river;  the  accounts  with  other 
papers  on  this  subject  I  have  ordered  to  be  laid  before  you 
for  your  further  information.8 

WM.  TRYON." 
f 

February  13.  Informing  the  Assembly  that  in  conse- 
quence of  a  provision  in  his  instructions,  he  could  not 
accept  a  salary  from  the  Colony. 

February  21.  The  Governor  sent  the  following  message 
to  the  Assembly: 

"  The  present  Secretary's  office  being  wholly  inadequate 
to  the  purpose  of  preserving  the  public  records,  and  as  the 
accidents  to  which  they  are  liable  in  their  present  situation 
must  be  justly  alarming  to  every  person  who  is  interested 
in  the  security  of  property,  I  cannot  avoid  recommending 
these  considerations  as  highly  deserving  your  attention. 
To  erect  a  new  building  I  consider  as  the  best  expedient, 
in  which,  besides  the  apartments  necessary  for  the  trans- 
action of  the  ordinary  business,  there  may  be  one  room  so 
constructed  as  to  afford  all  possible  security  against  fire 
and  other  casualties.  A  plan  of  such  a  design  accompanies 
this  message,  the  estimate  of  the  expense  of  which,  in  brick 
work,  amounts  to  eleven  hundred  pounds  currency.  Should 
the  same  meet  with  your  approbation,  I  flatter  myself  you 
will  make  provision  for  carrying  it  into  execution. 

WM.  TRYON." 

The  Assembly  postponed  action  on  this  matter  until  the 
next  session. 

March  14.  Referring  to  the  act  passed  January  5,  1770, 
chapter  1422,  appropriating  two  thousand  pounds  for 
quartering  the  King's  troops,  one  thousand  pounds  to  be 
paid  directly  from  the  Colonial  treasury,  and  one  thousand 


8  The  salaries  act,  chap.  1540,  passed  March  24th,  included  an  item  appro- 
priating two  hundred  and  eighty  pounds  for  the  expense  of  running  the 
Quebec  line. 


746  MESSAGES  FROM  THE  GOVERNOR. 

pounds  from  the  proceeds  of  a  loan  bill,  the  Governor 
informed  the  Assembly  that  owing  to  the  loan  office  bill 
not  taking  effect,  the  money  to  be  derived  from  that  source 
had  not  been  paid,  "  though  actually  disbursed  by  indi- 
viduals on  the  public  faith."  He  regarded  the  grant  as  a 
debt  of  honor  on  the  government,  "  the  validity  of  which 
could  not  be  diminished  by  the  failure  of  the  bill,  since 
public  credit  requires  that  deficiencies  or  failure  of  one 
fund,  should  ever  be  satisfied  out  of  the  surplusage  of  some 
other,  or  by  some  special  provision,"  and  he  expressed  his 
confidence  that  the  Assembly  would  make  immediate  pro- 
vision for  the  payment  of  the  debt.9 

March  18.  Transmitting  accounts  presented  for  repairs 
at  the  fort.  (See  note  2.) 

March  24.  The  Assembly  was  prorogued  to  the  4th  of 
May. 


1773.     JANUARY.     THIRTY-FIRST  ASSEMBLY,  FIFTH  SESSION. 


WILLIAM  TRYON,  Governor. 

The  Assembly  after  several  prorogations  from  March  24, 
1772,  met  on  the  5th  of  January,  1773,  and  the  next  day  the 
Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  The  experience  you  gave  me  the  last 
session  of  the  liberality  of  your  sentiments  towards  me, 
and  your  ready  concurrence  with  the  measures  I  then  pro- 
posed, flatter  me  at  this  juncture  with  the  like  favorable 
attention  to  what  I  have  now  to  recommend  to  you. 

9  This  deficiency  in  appropriations  for  quartering  the  King's  troops  was 
provided  for  by  an  appropriation  contained  in  the  salaries  act,  chap.  1540, 
passed  March  24th. 


WILLIAM  TRYON,  1773.  747 

It  has  been  the  peculiar  misfortune  of  this  country  to 
have  remained  even  to  this  day  with  most  of  its  boundaries 
undetermined,  a  circumstance  that  has  in  a  considerable 
measure  retarded  the  settlement  of  the  frontiers,  and 
proved  the  source  of  many  unhappy  disputes  with  its 
neighboring  inhabitants,  and  which  if  not  speedily  settled 
may  probably  be  productive  of  more  serious  consequences. 
Impressed  with  this  idea  soon  after  my  arrival  in  this 
government  I  opened  a  correspondence  with  Governor 
Hutchinson  on  the  necessity  of  finally  establishing  a  parti- 
tion line  between  this  and  Massachusetts  government.  The 
Governor  moved  his  Assembly  to  second  our  wishes,  and 
an  act  passed  to  enable  proper  persons  to  undertake  its 
accomplishment.  I  shall  therefore  lay  before  you  the  cor- 
respondence and  papers  on  this  subject,  wishing  you  may 
co-operate  with  the  Massachusetts  government  by  passing 
a  similar  act  for  so  salutary  a  purpose.1 

I  have  the  satisfaction  to  inform  you  the  dividing  line 
between  this  Province  and  government  of  Quebec  has  been 
this  last  fall  run  from  Lake  Champlain  in  the  forty-fifth 
degree  of  North  Latitude  to  Connecticut  Eiver.  As  the 
commissioners  who  perform  that  business  winter  in  Quebec 
that  they  may  be  ready  early  in  the  spring  to  continue  that 
line  from  the  Lake  westward  to  St.  Lawrence  Eiver,  I  am 
to  apply  to  you  for  a  further  aid  for  that  most  essential 
service.2 

The  General  Assembly  of  New  Jersey  having  lately 
passed  an  act  similar  to  your  own  for  ascertaining  the 
boundary  between  the  two  governments,  and  securing  cer- 

1  The    Legislature    responded    to    the    Governor's    suggestion    by    enacting 
chapter    1601,  on  the   8th  of  March,  appointing  commissaries  to  "  settle   a 
line  or  lines  of  jurisdiction  between  this   Colony  and   the  Province  of  the 
Massachusetts  Bay." 

2  The  salaries  act,  chap.  1597,  passed  March  8th,  appropriated  three  hun- 
dred and  twenty-three  pounds,  thirteen  shillings  and  six  pence,  for  advances 
by  the  Governor  in  running  the  Quebec  line,  and  also  two  hundred  pounds  to 
complete  the  running  of  the  line. 


748  MESSAGES  FBOM  THE  GOVERNOR. 

tain  borderers  in  the  quiet  possession  of  their  settlements, 
and  as  I  am  informed  the  King's  commission  and  the  pro- 
ceedings had  thereon  will  be  very  speedily  transmitted  to 
his  Majesty,  I  entertain  the  warmest  expectations  that  the 
royal  decision  in  the  case  will  shortly  be  obtained.  These 
particulars  appear  to  me  to  be  so  interesting  to  the  peace 
and  prosperity  of  the  country  that  I  could  not  avoid  urging 
to  you  their  importance.3 

I  have  been  obliged  to  order  considerable  repairs  to  be 
made  to  the  Mansion  House  in  Fort  George  to  make  it 
habitable,  the  estimates  of  which  shall  be  laid  before  you. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  The  sum  of 
money  voted  the  last  sessions  for  repairing  the  battery  in 
Fort  George  has  been  appropriated  to  such  necessary, 
useful  and  ornamental  purposes  as  afford  the  clearest 
demonstration  of  the  expediency  and  propriety  of  that 
vote,  and  cannot  fail  of  giving  satisfaction  to  the  public.4 

Having  nothing  immediately  in  charge  from  his  Majesty 
to  communicate  to  you,  I  shall  at  present  only  recommend 
to  make  provision  for  the  extra  services  I  have  just  now 
mentioned,  the  usual  support  of  government,5  and  the 
necessary  supplies  for  his  Majesty's  forces.6 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. —  It  is  with  the  highest  satisfaction  I 
view  the  present  flourishing  state  of  this  country,  and  the 


3  An  act  was  passed  February  6th,  chap.  1576,  "to  facilitate  the  return  of 
his  Majesty's  commission  under  the  great  seal  of  Great  Britain,  and  the  pro- 
ceedings thereon,  for  settling  the  boundary  line  between  this  Colony  and  New 
Jersey." 

4  The  salaries  act,   chap.   1597,  appropriated   one  thousand   seven  hundred 
and  twenty-one  pounds,  twelve  shillings,  to  the  Governor  for  sundry  "  repairs 
in  Fort  George  and  the  Mansion  House  therein,  and  on  the  battery." 

6  The  usual  act  for  the  support  of  government,  chap.  1573,  was  passed  on 
the  6th  of  February. 

6  An  appropriation  of  one  thousand  pounds  for  supplies  for  the  King's 
troops  was  made  by  an  act,  chap.  1596,  passed  March  8th. 


WILLIAM  TRYON,  1773.  749 

good  order,  industry  and  unanimity  among  its  inhabitants, 
blessings  I  ardently  wish  to  see  continued  and  improved. 

It  is  evident  nothing  can  so  much  ensure  an  increase  of 
wealth  to  the  colony  as  a  due  care  that  the  good  quality 
of  our  staple  commodities  may  establish  a  reputation  at 
foreign  markets.7  Your  attention  to  this,  as  also  to  the 
mischiefs  arising  from  the  circulation  of  a  large  quantity 
of  counterfeit  currency  lately  brought  into  this  country, 
are  objects  deserving  your  consideration.8 

The  happiness  I  enjoy  by  my  royal  master's  gracious 
appointment  of  me  to  this  Province,  I  acknowledge  with 
that  duty  and  affection  which  warms  the  loyal  breast,  and 
the  friendly  consideration  and  attention  I  have  experienced 
from  all  ranks,  not  only  increase  this  happiness,  but  cher- 
ishes the  growing  attachment  I  feel  for  the  interest  of  this 
colony,  which  however  I  am  sensible  can  only  be  exten- 
sively and  beneficially  drawn  into  action  by  your  generous 
aid  and  assistance  in  the  honorable  support  of  the  dignity 
of  his  Majesty's  government  and  the  felicity  of  his  people. 

WILLIAM  TEYON. 

Fort  George  New  York 
6th  January  1773. 

SPECIAL  MESSAGES. 

January  11  and  12.  Thanking  the  Council  and  Assem- 
bly respectively  for  their  addresses. 

January  13.  Transmitting  correspondence  between  Gov- 
ernor Hutchinson  and  himself,  referred  to  in  the  opening 
speech.  (See  note  1.) 

7  An  act,  chap.  1622,  passed  March  8th,  revived  an  act  to  provide  for  the 
appointment  of  inspectors  of  flour  and  repackers  of  beef  and  pork. 

8  An   act,   chap.   1599,   passed  March   8th,   attempted   to   remedy  the   evils 
caused  by  the  circulation  of  counterfeit  money,  by  appointing  commissioners, 
who  were  directed  to  prepare  plates  and  devices  difficult  of  imitation,  and  to 
have  forty-four  thousand  copies  struck  off  on  thin  paper,  which  were  to  be 
attached  to  certain  specified  bills  of  credit. 


750  MESSAGES  FROM  THE  GOVERNOR. 

January  28.  The  Governor  presented  an  account  for 
moneys  advanced  by  him  in  connection  with  repairs  at  Fort 
George;  and  also  the  account  of  Theophilus  Hardenbrook 
for  the  whole  amount  of  the  repairs  at  the  fort.  (See 
note  4.) 

January  29.  The  Governor  presented  an  account  for 
expenses  incurred  in  running  the  Quebec  line.  (See  note  2.) 

February  2.  The  Governor  sent  the  following  communi- 
cation to  the  Assembly : 

11  The  increase  of  inhabitants  in  this  colony,  as  well  as 
the  extent  of  its  settlements  since  the  late  war,  having 
necessarily  multiplied  the  business  of  the  courts  of  law  and 
rendered  the  duty  of  the  judges  proportionably  burthen- 
some  and  expensive,  an  addition  to  their  salary  is  become 
essential  to  the  advancement  of  justice,  and  proper  for  the 
due  support  of  the  honor  of  government.  I  therefore 
recommend  to  you,  as  their  present  salaries  are  altogether 
inadequate,  to  provide  for  them  in  such  manner  as  will  be 
consistent  with  the  dignity  of  their  office,  and  in  some 
measure  a  recompence  for  their  time  and  trouble.9 

Upon  the  same  principles  I  would  also  recommend  to 
your  consideration  the  petition  of  Richard  Morris,  Esquire, 
clerk  of  the  courts  of  oyer  and  terminer  and  general  gaol 
delivery,  which  accompanies  this  message;  an  office  es- 
teemed highly  useful  and  necessary  in  the  administration 
of  public  justice.10 

WM.  TRYON." 

February  16.  Stating  that  there  was  no  field  artillery 
among  the  King's  ordnance,  the  Governor  recommended 
the  purchase  of  a  "  few  short  brass  field  pieces,"  for  use 

9  The  salaries  act,  chap.  1597,  made  provision  for  additional  compensation 
to  judges  for  attending  courts  in  remote  counties. 

10  The  salaries  act,  chap.  1597,  appropriated  one  hundred  and  fifty  pounds 
to  Mr.  Morris,  for  past  services. 


WILLIAM  TRYON,  1773.  751 

in  an  emergency,  and  also  the  purchase  of  a  quantity  of 
gun  powder.11 

February  17.  The  Governor  sent  the  following  com- 
munication to  the  Assembly: 

"  When  at  Sir  William  Johnson's  in  the  tour  I  took  last 
summer  through  the  frontier  parts  of  this  Province,  ap- 
plication was  made  to  me  by  the  Mohawk  Indians  for  iny 
assistance  in  redressing  the  wrongs  and  injuries  which 
they  suggested  they  had  sustained  by  means  of  some  settle- 
ments that  were  made  upon  part  of  their  lands  by  persons 
holding  under  a  claim  set  up  by  the  corporation  of  the  city 
of  Albany.  At  the  same  time  Sir  William  Johnson,  his 
Majesty's  superintendent  of  Indian  affairs  in  the  northern 
district,  expressed  his  earnest  desires  that  some  measures 
might  be  adopted  by  me  to  remove  their  jealousies  and  dis- 
contents, and  for  securing  to  them  the  quiet  enjoyment  of 
their  ancient  domains.  Col.  Guy  Johnson,  a  member  of 
your  House,  is  intrusted  by  Sir  William  Johnson  with  the 
papers  relating  to  this  matter,  and  is  capable  of  giving  you 
the  fullest  information  in  every  particular ;  it  therefore  be- 
comes unnecessary  for  me  to  observe  anything  further  upon 
the  subject,  than  that  it  appears  to  be  not  only  agreeable 
to  the  principles  of  natural  justice  and  a  branch  of  duty, 
which  from  my  station  is  due  to  the  aborigines  of  the  coun- 
try, but  also  that  I  am  strictly  enjoined  by  his  Majesty's 
instructions  to  use  my  best  endeavors  to  prevent  any  set- 
tlement or  encroachment  on  the  lands  and  possessions  of 
the  Indians,  on  pretended  purchases  from  the  Indians  or 
otherwise,  to  redress  their  wrongs,  to  conciliate  their 
friendship,  and  to  quiet  them  in  the  uninterrupted  enjoy- 
ment of  their  ancient  and  just  claims.  As  I  conceive  these 
desirable  purposes  will  be  easiest  effected  and  rendered 


11  The  salaries  act,  chap.  1597,  appropriated  three  hundred  pounds  to  be 
used  by  the  Governor  in  the  purchase  of  six-pound  brass  field  pieces,  and  he 
was  also  authorized  to  purchase  one  thousand  pounds  of  gun  powder. 


752  MESSAGES  FROM  THE  GOVERNOR. 

most  lasting  by  an  act  of  the  legislature,  I  must  recommend 
to  the  public  justice  of  the  House  the  passing  of  a  law  for 
confirming  and  securing  to  these  Indians,  friends  and  faith- 
ful allies  of  this  government,  the  small  boon  to  which  they 
have  the  most  equitable  right  of  an  unmolested  enjoyment 
of  their  confined  and  restricted  possessions,  now  scarcely 
sufficient  for  the  support  of  their  families.12 

WM.  TBYON." 

March  1.  The  Governor  sent  the  following  communica- 
tion to  the  Assembly : 

* '  There  being  a  fair  prospect  that  before  your  next  meet- 
ing an  agreement  will  take  place  for  terminating  the  con- 
troversy concerning  the  partition  line  between  this  colony 
and  the  Province  of  the  Massachusetts  Bay,  and  understand- 
ing, by  the  commissaries  named  for  that  purpose,  that  cer- 
tain surveys  and  other  services  will  be  necessary  to  be  per- 
formed before  the  congress  can  open,  I  must  recommend  it 
to  you  to  provide  for  the  speedy  payment  at  least  of  such 
expenses  as  may  become  due  to  persons  whose  indigent  cir- 
cumstances may  prevent  their  contracting  with  the  commis- 
saries, unless  they  are  to  receive  an  immediate  recompense 
for  their  work. 

WM.  TRYON." 

March  1.  The  Governor  sent  the  following  communica- 
tion to  the  Assembly: 

"  His  Excellency  General  Gage  having  acquainted  me 
that  the  sum  of  £800,  voted  by  your  house  for  supplying 

12  February  19th,  the  Assembly  adopted  a  resolution  directing  that  a  bill 
be  brought  in  "  for  securing  to  the  Indians  of  the  lower  Mohawk  village,  and 
their  descendants,  the  possession  of  the  remainder  of  their  lands  around  the 
Bame,  under  a  certain  limitation  to  be  therein  mentioned."  A  bill  was  ac- 
cordingly prepared  and  introduced,  biit  afterwards  on  the  petition  of  the 
city  of  Albany,  action  was  postponed  until  the  next  session  of  the  legislature. 
No  act  seems  to  have  been  passed  on  this  subject. 


WILLIAM  TEYON,  1774.  753 

with  necessaries  his  Majesty's  troops  quartered  in  this 
government  the  ensuing  year  will  be  found  inadequate  to 
that  purpose,  and  it  appearing  by  an  estimate  herewith 
transmitted  that  £590  will  be  wanted  for  repairing  the  bar- 
racks, I  esteem  it  my  duty  to  communicate  these  circum- 
stances to  you  before  the  rising  of  the  Assembly,  and  to 
recommend  the  making  a  further  provision  for  these 
services.  (See  note  6.) 

WM.  TEYON." 

March  8.     The  Assembly  was  prorogued  to  the  4th  of 
May. 


1774.    JANUARY.     THIRTY-FIRST  ASSEMBLY,  SIXTH  SESSION. 

WILLIAM  TRYON,  Governor. 

The  Assembly  which  had  been  prorogued  from  time  to 
time  since  March  8,  1773,  met  on  the  12th  of  January,  1774, 
when  the  Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY. — While  in  the  utmost  agony  of  mind 
for  the  safety  of  my  family,  I  lately  beheld  my  own  interest 
and  the  Province  House  involved  in  one  common  ruin,  I  felt 
the  strongest  emotion  of  regret  for  the  demolition  of  that 
mansion,  particularly  after  your  liberal  grant  for  its  re- 
pair. My  anxiety  also  was  infinitely  increased  by  the  immi- 
nent danger  which  threatened  the  whole  city. 

Whatever  may  have  been  the  unhappy  cause,  I  cannot 
but  adore  the  peculiar  interposition  of  Divine  Providence 
in  suffering  but  one  of  my  servants  to  fall  a  victim  to  the 
rapid  and  resistless  fury  of  the  flames;  at  the  same  time  my 
warmest  gratitude  is  due  to  the  Almighty  that  by  the  power- 
48 


754  MESSAGES  FROM  THE  GOVERNOR. 

ful  exertions  of  the  citizens  and  military  this  metropolis 
was  preserved  from  the  destructive  calamity. 

The  real  consolation  it  would  give  me  to  learn  how  the 
fire  was  communicated  to  the  Council  Chamber,  where  it 
was  first  discovered  and  most  probably  originated,  has  in- 
duced me  to  order  the  depositions  of  several  of  my  servants 
to  be  taken,  that  as  much  of  this  unhappy  event  may  be 
known  as  can  be  traced.  From  their  testimony  and  their 
regular  and  careful  conduct,  I  cannot  help  entertaining  at 
least  a  violent  presumption  that  this  misfortune  did  not 
owe  its  birth  to  any  neglect  on  their  part,  or  accident  within 
their  power  to  prevent,  but  rather  to  some  concealed  fire  be- 
tween the  wainscot  and  chimney.1 

I  most  sincerely  lament  the  imperfect  manner  in  which  I 
am  obliged  to  lay  before  you  much  of  the  business  I  had  di- 
gested for  your  deliberation  this  session,  the  materials  and 
papers  I  had  collected  for  that  purpose  being  destroyed. 

In  consequence  of  the  laws  passed  by  this  colony  and  the 
Province  of  the  Massachusetts  Bay,  the  commissaries  ap- 
pointed by  each  government  have,  since  your  recess,  met 
at  Hartford,  and  in  the  presence  and  with  the  consent  of  the 
respective  governors  entered  into  an  agreement  for  settling 
the  line  of  jurisdiction  between  the  two  Provinces,  which 
I  now  lay  before  you.  It  has  already  been  transmitted  for 
his  Majesty's  approbation,  and  as  I  cannot  doubt  its  receiv- 
ing the  royal  sanction,  a  final  period  must  soon  be  put  to  a 
controversy  which  for  many  years  has  not  only  affected 
the  property,  but  greatly  disturbed  the  tranquillity  of  many 
of  his  Majesty's  subjects  in  both  governments.2 


1  An  act,  chap.  1648,  passed  March  9th,  appropriated  five  thousand  pounds 
as  part  compensation  to  the  Governor  for  losses  sustained  by  him  by  the  fire. 

2  The  Governor,  at  the  conclusion  of  his  speech,  delivered  to  the  Assembly 
a  copy  of  the  agreement  for  settling  the  boundary  line  between  New  York  and 
Massachusetts  Bay,  which  appears  at  length  in  the  Assembly  Journal.     The 
agreement  is  dated  May  18,  1773.     It  fixed  the  boundary  line  according  to 
the  following  description: 

"A  line  beginning  at  a  place  fixed  upon  by  the  two  governments  of  New 


WILLIAM  TRYON,  1774.  755 

To  remove  the  difficulties  which  obstructed  the  comple- 
tion of  the  line  in  part  run  between  this  Province  and 
Quebec,  I  visited  that  government  the  last  summer,  and  from 
the  measures  concerted  with  Lieutenant-Governor  Cram- 
ahe,  promised  myself  this  business  would  have  been 
effected  before  the  approach  of  winter;  but  the  survey 
being  protracted  from  the  low  marsh  soil  through  which  the 
line  passes,  and  a  series  of  unfavorable  weather,  the  pro- 
visions of  the  party  were  exhausted,  and  being  disappointed 
in  their  expectations  of  a  seasonable  supply,  the  surveyors 
were  compelled  to  abandon  the  work,  leaving  unfinished, 
as  they  report,  a  space  not  exceeding  ten  miles  to  Lake  St. 
Francois,  where  the  survey  was  to  have  terminated.3 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. —  Besides  the 
provision  for  the  support  of  government4  and  the  necessary 
supplies  for  his  Majesty's  troops,5  which  I  recommend  to 
you,  some  expenses  have  been  incurred  for  repairs  and 
other  services,  and  being  of  real  utility,  I  flatter  myself  they 
will  be  considered  by  you  as  meriting  a  public  allowance. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENTLEMEN  OF  THE 
GENERAL  ASSEMBLY.— The  contests  which  have  arisen  be- 


York  and  Connecticut,  in  or  about  the  year  of  our  Lord  one  thousand  seven 
hundred  and  thirty-one,  for  the  northwest  corner  of  a  tract  of  land  com- 
monly called  the  Oblong,  or  equivalent  land;  and  running  from  the  said 
cornef  north  twenty-one  degrees,  ten  minutes  and  thirty  seconds  east,  as  the 
magnetic  needle  now  points,  to  the  north  line  of  the  Massachusetts  Bay, 
shall  at  all  times  hereafter  be  the  line  of  jurisdiction  between  the  said 
Province  of  the  Massachusetts  Bay  and  the  said  province  of  New  York,  in 
all  and  every  part  and  place  where  the  said  province  of  New  York,  on  its 
eastern  boundary,  shall  adjoin  on  the  said  Province  of  the  Massachusetts 
Bay." 

3  The    salaries    act,    chap.    167G,    passed    March    19th,    appropriated    three 
hundred  and  thirty-one  pounds,  three  shillings,  nine  pence,  for  expenses  in- 
curred in  surveying  the  Quebec  boundary  line. 

4  The  usual  act  for  the   support   of  government,  chap.    1639,  was  passed 
February  8th. 

5  The    Legislature,    by    chap.    1647,    passed   March    9th,    appropriated    two 
thousand  pounds  for  quartering  the  King's  troops. 


756  MESSAGES  FROM  THE  GOVERNOR. 

tween  the  New  York  grantees  and  the  claimants  under  New 
Hampshire,  and  the  outrages  committed  on  the  settlers 
under  this  government,  having  been  productive  of  much 
confusion  and  disorder,  and  requiring  immediate  consider- 
ation, his  Majesty  has  been  graciously  pleased  to  command 
me  to  repair  to  England  for  a  short  time  to  attend  the  dis- 
cussion of  this  important  matter.6 

Impressed  with  the  most  cordial  affection  for  a  people 
who  through  the  whole  course  of  my  administration  have 
honored  me  with  every  possible  mark  of  regard  and  esteem, 
permit  me  to  assure  you  that  during  my  absence  I  shall 
cheerfully  embrace  every  opportunity  of  promoting  to  the 
fullest  extent  of  my  power,  the  reputation,  interest  and 
happiness  of  this  respectable  Province. 

WM.  TBYON. 

New  York  the  12th  day  of  January  1774. 

SPECIAL  MESSAGES. 

January  15.  Thanking  the  Council  for  its  address,  in 
which  the  Council,  referring  to  a  recent  fire  at  the  fort,  in 
which  the  Governor's  house  was  destroyed,  expressed 
special  gratification  at  the  deliverance  of  the  Governor  and 
his  family,  who  were  at  one  time  ' l  nearly  encircled  by  the 
devouring  flames." 

January  19.  Thanking  the  Assembly  for  its  address,  in 
which  that  body  also  expressed  its  condolence  on  the  Gov- 
ernor's loss  in  consequence  of  the  recent  fire. 

February  2.  Presenting  his  account  for  expenses  incur- 
red in  running  the  Quebec  line.  (See  note  3.) 

February  2.  Transmitting  Theophilus  Hardenbrook's 
account  for  services  and  expenses  in  connection  with  re- 
pairs at  the  Fort.  Also  an  account  of  his  own  expenses 
incurred  in  going  to  Hartford  to  confer  with  Governor 


«  Govern  or  Tryon  left  New  York  for  England  April  7,  1774,  and  returned 
the  25th  of  June,  1775. 


I 

WILLIAM  TEYON,  1774.  757 

Hutchinson  in  relation  to  the  agreement  fixing  the  boundary 
line  between  New  York  and  Massachusetts  Bay.7 

February  2.  Transmitting  an  account  presented  by  Rob- 
ert Yates  for  services  in  surveying  the  course  of  Hudson 
River  in  connection  with  negotiations  relative  to  the  bound- 
ary line  between  New  York  and  Massachusetts  Bay.8 

February  2.  Recommending  to  the  consideration  of  the 
Assembly  a  proposition  for  improving  the  road  between 
New  York  and  Hartford  in  conjunction  with  the  authori- 
ties of  Connecticut.  The  Governor  thought  New  York's 
part  of  the  expense  should  be  borne  by  the  Province  rather 
than  by  counties.9 

February  15.  Transmitting  accounts  presented  by  Mr. 
Collins  and  Mr.  Sauthier  for  services  and  expenses  in  sur- 
veying the  Quebec  boundary  line ;  also  transmitting  the  field 
book  and  plan  of  the  survey.10 

February  17.  Informing  the  Assembly  that  he  had  re- 
ceived a  letter  from  Mr.  Collins  relative  to  the  account 
presented  by  him  for  surveying  the  Quebec  boundary  line, 
and  containing  an  ' '  overture  ' '  by  him  to  complete  * '  the 
extension  of  the  boundary  line  to  Lake  St.  Francois  as  the 
surveyor  of  both  Provinces  "  for  the  sum  of  one  hundred 
pounds  sterling.  The  Governor  commended  the  suggestion 
to  the  favorable  consideration  of  the  Assembly.11 

February  18.    Informing  the  Assembly  that  the  late  fire 


<  The  salaries  act,  chap.  1676,  made  appropriations  for  repairs  at  Fort 
George,  and  for  the  expenses  of  the  Governor's  visit  to  Connecticut. 

8  The  salaries  act,  chap.  1676,  made  compensation  to  Mr.  Yates  for  this 
service. 

a  March  llth,  the  Assembly  adopted  a  resolution  to  postpone  action  con- 
cerning the  proposed  road  to  Hartford  until  the  next  session. 

10  The   accounts  of  Mr.  Collins  and  Mr.  Sauthier  for  services  in  connection 
with  the   Quebec  boundary   line   were   provided   for  by   appropriations    con- 
tained in  the  salaries  act,  chap.   1676. 

11  The  Assembly  adopted  a  resolution  on  the  16th  of  March,  making  pro- 
vision for  fifty  pounds  as  New  York's  part  of  the  expense  of  the  proposed  ex- 
tension of  the  Quebec  boundary  line. 


758  MESSAGES  FKOM  THE  GOVERNOR. 

at  the  fort  was  probably  occasioned  by  a  defective  chimney 
in  the  Council  Chamber. 

February  22.  Eecommending  that  the  Assembly  provide 
for  a  further  supply  of  gun  powder.12 

March  1.  Eecommending  that  the  Assembly  make  suit- 
able provision  for  the  rebuilding  of  a  government  house, 
which  measure  he  hoped  would  be  adopted  upon  a  very 
liberal  plan.13 

March  8.  Transmitting  a  petition  for  the  opening  of  new 
roads,  but  the  records  do  not  contain  the  petition,  nor  sTiow 
the  location  of  the  proposed  roads.14 

March  8.  Eecommending  that  compensation  be  made  to 
Justice  Ludlow  for  losses  sustained  by  him  in  a  recent  fire 
which  destroyed  his  dwelling  house,  and  almost  all  his  fur- 
niture and  library.15 

March  19.  The  Governor  being  about  to  go  to  England 
to  confer  with  the  home  government  relative  to  conflicting 
claims  to  that  part  of  the  Province  lying  north  of  Massachu- 
setts and  west  of  the  Connecticut  Eiver,  as  indicated  in  his 
opening  speech,  the  Assembly  presented  a  congratulatory 
address,  assuring  the  Governor  that  he  possessed  the  good 
will  of  the  Assembly  and  of  the  people,  and  expressing  the 
hope  that  he  would  soon  return  to  resume  the  duties  of  his 
office.  The  Governor  replied  thanking  the  Assembly  for  its 
address,  and  giving  assurances  of  his  great  interest  in  the 
welfare  of  the  Colony.  (See  note  6.) 

March  19.  The  Assembly  was  prorogued  to  the  17th 
of  May. 


12  The  salaries  act,  chap.  1676,  appropriated  one  hundred  pounds  for  the 
purchase  of  gun  powder. 

is  The  Assembly  considered  the  subject  of  rebuilding  the  Governor's  house, 
but  no  action  was  taken  at  this  session. 

14  Several  highway  acts  were  passed  at  this  session. 

is  The  salaries  act,  chap.  1676,  appropriated  five  hundred  pounds  to  Justice 
Ludlow  as  part  compensation  for  his  losses  by  the  fire. 


1775.    JANUARY.    THIRTY-FIRST  ASSEMBLY,  SEVENTH  SESSION. 

CADWALLADER   GOLDEN,   Lieutenant-Governor 
and  Acting  Governor. 

The  Assembly  journal  for  January  10,  contains  the  fol- 
lowing entry: 

*  *  His  Excellency  WILLIAM  TEYON,  Esq.  Captain-General 
and  Governor-in-Chief  of  this  colony,  on  the  19th  day  of 
March  last,  prorogued  the  General  Assembly  thereof  till 
the  17th  day  of  May  following;  and  on  the  seventh  day  of 
April  last,  his  said  Excellency  departed  from  this  colony 
for  England;  in  consequence  whereof  the  government  de- 
volved upon  the  honorable  CADWALLADER  COLDEN,  Esq.  his 
Majesty's  Lieutenant-Governor,  who,  by  proclamation  in 
council,  on  the  16th  day  of  May  last,  prorogued  the  said 
General  Assembly  till  the  16th  day  of  June  following;  and 
by  several  proclamations  since  published,  further  pro- 
rogued them  to  this  day,  to  meet  and  proceed  upon  busi- 
ness. ' ' 

The  Assembly  met  on  the  10th  of  January,  and  on  the 
13th  the  Lieutenant-Governor  delivered  the  following 

OPENING  SPEECH. 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 

I  think  it  unnecessary  at  this  time  particularly  to  recom- 
mend to  your  attention  the  ordinary  business  of  the  legis- 
lature; whatever  may  be  found  conducive  to  the  dignity  of 
his  Majesty's  government,  or  the  happiness  of  his  people 
in  this  colony,  I  shall  cheerfully  promote. 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — The  support  of 
his  Majesty's  government  and  other  allowances  for  this 
service,  I  doubt  not  you  will  readily  provide  for.1 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY. — We  cannot  suffi- 


i  The   usual   act  for  the   support   of  government,   chap.   1691,   was   passed 
January  31st. 

[759] 


760  MESSAGES  FROM  THE  GOVERNOR. 

ciently  lament  the  present  disordered  state  of  the  colonies. 
The  dispute  between  Great  Britain  and  her  American  do- 
minions is  now  brought  to  the  most  alarming  crisis,  and 
fills  every  humane  breast  with  the  deepest  affliction.  It 
is  to  you,  Gentlemen,  in  this  anxious  moment,  that  your 
country  looks  up  for  counsel,  and  on  you  it,  in  a  great 
measure,  depends  to  rescue  her  from  evils  of  the  most 
ruinous  tendency.  Exert  yourselves  then  with  the  firmness 
becoming  your  important  office.  If  your  constituents  are 
discontented  and  apprehensive,  examine  their  complaints 
with  calmness  and  deliberation,  and  determine  upon  them 
with  an  honest  impartiality.  If  you  find  them  to  be  well 
grounded,  pursue  the  means  of  redress  which  the  con- 
stitution has  pointed  out.  Supplicate  the  throne,  and  our 
most  gracious  Sovereign  will  hear  and  relieve  you  with 
paternal  tenderness.  But  I  entreat  you  as  you  regard  the 
happiness  of  your  country,  to  discountenance  every  meas- 
ure which  may  increase  our  distress;  and  anxious  for  the 
re-establishment  of  harmony,  with  that  power  with  which 
you  are  connected  by  the  ties  of  blood,  religion,  interest  and 
duty,  prove  yourselves,  by  your  conduct  on  this  occasion, 
earnestly  solicitous  for  a  cordial  and  permanent  reconcilia- 
tion.2 

GENTLEMEN  OF  THE  COUNCIL  AND  GENERAL  ASSEMBLY. — 
In  the  absence  of  our  most  worthy  Governor-in-Chief,  no 
less  distinguished  by  his  extensive  abilities  than  his  zeal  for 
the  honor  of  the  Crown  and  his  affection  for  the  people  of 
this  Province,  and  at  so  critical  a  juncture,  it  gives  me  great 
consolation  that  I  can  repose  the  utmost  confidence  in  your 
wisdom,  your  attachment  to  the  constitution,  and  your  re- 
gard for  the  interest  of  the  British  empire.  And  you  may 
be  assured  that  my  most  strenuous  efforts  shall  be  exerted 
to  co-operate  with  you  in  restoring  that  tranquillity  which 


2  For  a  sketch  of  various  transactions  in  New  York  relative  to  the  pending 
controversy  with  the  home  government,   see  post  p.  765. 


CADWALLADEB  GOLDEN,  1775.  761 

must  be  the  ardent  desire  of  every  wise,  virtuous  and  loyal 
subject.  CADWALLADEE  COLDEN. 

SPECIAL  MESSAGES. 

January  18  and  20.  Thanking  the  Council  and  Assembly 
respectively  for  their  addresses. 

January  26.  The  Lieutenant-Governor  sent  the  follow- 
ing communication  to  the  Assembly : 

"  In  the  month  of  August  last,  Governor  Penn  made  an 
overture  to  me  for  settling  the  boundary  line  between  this 
Province  and  Pennsylvania.  He  very  justly  observed  that 
as  the  settlements  under  both  governments  were  daily  ap- 
proaching the  line,  it  was  of  great  importance  to  have  the 
boundary  marked  without  delay.  The  gentlemen  of  the 
Council  were  of  the  opinion  that  it  would  be  sufficient  at 
this  time  to  find  the  beginning  of  the  43rd  degree  of  lati- 
tude upon  the  Delaware  and  Susquehannah  rivers ;  to  mark 
those  points,  and  so  much  of  the  boundary  line  as  lies  be- 
tween them.  They  advised  me  to  appoint  Samuel  Holland, 
Esquire,  to  perform  the  work  on  the  part  of  this  Province 
in  conjunction  with  the  persons  whom  Governor  Penn 
should  appoint  on  the  part  of  Pennsylvania. 

Mr.  Holland  and  Mr.  Kittenhouse  went  upon  this  work  in 
November  last,  and  fixed  the  latitude  on  Delaware  river. 
They  met  with  unexpected  fatigue  and  danger  from  the 
severity  of  the  weather  which  made  it  impossible  for  them 
to  proceed  any  farther.  I  send  you  Mr.  Holland's  account; 
he  has  advanced  a  considerable  part  of  the  amount,  and  I 
recommend  to  you,  gentlemen,  now  to  make  provision  for 
the  payment  of  this  service  which  I  have  reason  to  think 
has  been  accurately  performed.3 

CADWALLADER  COLDEN. " 


3  The  salaries  act,  chap.  1699,  passed  April  1,  made  an  appropriation  to 
Mr.  Holland  for  services  in  fixing  the  forty-third  degree  of  latitude  upon  the 
Delaware  River  in  conjunction  with  Mr.  Rittenhouse,  the  surveyor  on  the 
part  of  Pennsylvania. 


762  MESSAGES  FKOM  THE  GOVEKNOB. 

January  27.  Transmitting  to  the  Assembly  a  petition 
presented  by  Joshua  Eoot  and  Abijah  Rood,  of  Albany,  for 
compensation  for  services  rendered  in  assisting  an  officer 
in  executing  a  warrant  issued  by  the  judges  of  the  supreme 
court.4 

February  7.  The  Lieutenant-Governor  sent  the  follow- 
ing communication  to  the  Assembly: 

"  The  settlements  in  the  northeastern  part  of  this  Prov- 
ince have  within  a  few  years  advanced  with  that  rapidity 
as  affords  the  strongest  prospect  of  their  soon  becoming 
in  a  commercial  view  highly  beneficial  to  the  colony.  The 
produce  of  that  country  has  already  appeared  at  our  mar- 
kets; and  from  the  great  fertility  of  the  soil  there  can  be 
no  doubt  of  large  and  plentiful  supplies  from  thence  when- 
ever a  safe  and  easy  communication  shall  be  opened  to  Al- 
bany by  the  great  roads  from  Connecticut  river.  The  cir- 
cuit courts  are  as  necessary  in  the  most  remote  county  as 
in  the  nearest ;  otherwise  the  laws  cannot  be  duly  executed ; 
and  the  subject  will  in  many  instances  be  deprived  of  the 
aid  and  protection  he  is  entitled  to.  The  judges  cannot  go 
into  those  distant  counties  with  tolerable  ease  and  safety 
unless  the  roads  are  made.  This  is  an  object  not  to  be  at- 
tained without  the  aid  of  the  legislature,  the  inhabitants, 
under  their  present  circumstances,  being  unable  to  support 
the  expense;  and  as  the  advantages  which  the  public  will 
derive  from  it  are  apparent,  and  evince  the  propriety  of  the 
measure,  I  persuade  myself  you  will  think  it  deserving  of 
your  serious  attention.5 

CADWALLADER  GOLDEN." 


4  The  salaries  act,  chap.  1699,  provided  compensation  for  the  service  rendered 
by  Joshua  Root  and  Abijah  Rood  as  stated  in  the  message. 

5  March  22d,  the  Assembly  adopted  a  resolution  postponing  action  on  this 
matter  until  the  next  session. 


CADWALLADEK  GOLDEN,  1775.  763 

February  9.  The  Lieutenant-Governor  sent  the  follow- 
ing communication  to  the  Assembly: 

11  Soon  after  the  close  of  your  last  sessions,  his  Excel- 
lency Governor  Tyron  with  the  advice  of  his  Majesty's 
Counsel  appointed  James  Jauncey,  Jun.  Esq.  to  the  office 
of  master  of  the  rolls  of  the  court  of  chancery  for  this  Prov- 
ince. This  office  has  long  been  thought  necessary,  for,  from 
the  great  increase  of  business  in  the  court  of  chancery,  and 
the  many  other  duties  of  the  Governor,  delays  and  incon- 
veniences could  not  otherwise  be  avoided.  The  diligence 
and  ability  of  the  gentleman  appointed  by  Governor  Tyron 
has  already  evinced  the  great  utility  of  the  master  of  the 
rolls,  and  I  have  no  doubt  but  you  will  cheerfully  provide 
such  a  support,  to  commence  from  the  date  of  his  commis- 
sion, as  shall  be  adequate  to  the  dignity  and  importance  of 
the  office.6 

CADWALLADER  GOLDEN." 

February  15.  Presenting  accounts  for  repairs  at  Fort 
George  and  the  battery  in  New  York.7 

March  13.  The  Lieutenant-Governor  sent  the  following 
communication  to  the  Assembly: 

"  The  very  insufficient  state  of  the  public  office  of  the 
Secretary  of  the  province  is  obvious.  The  records  and 
papers,  which  are  of  the  greatest  importance  to  the  whole 
province,  are,  from  the  ruinous  state  of  the  house,  daily 
exposed  to  the  worst  effects  of  the  weather. 

You  will  find  this  business  requires  your  immediate 
attention;  and  I  therefore  recommend  it  to  your  consid- 
pration 

CADWALLADER  GOLDEN." 


6  The  salaries  act,  chap.  1699,  fixed  the  compensation  of  the  master  of  the 
rolls  at  two  hundred  and  fifty  pounds  per  annum. 

7  An  appropriation  for  the  repairs  at  Fort  George  and  on  the  battery  was 
made  by  the  salaries  act,  chap.   1699. 

8  The  salaries  act,  chap.  1699,  appropriated  forty  pounds  for  repairs  on  the 
secretary's  office. 


764  MESSAGES  FBOM  THE  GOVERNOR. 

March  23.  The  Lieutenant-Governor  sent  the  following 
communication  to  the  Assembly: 

*  *  You  will  see  with  just  indignation  from  the  papers  I 
have  ordered  to  be  laid  before  you,  the  dangerous  state  of 
anarchy  and  confusion  which  has  lately  arisen  in  Cumber- 
land county,  as  well  as  the  little  respect  which  has  been 
paid  to  the  provisions  of  the  legislature  at  their  last  ses- 
sions for  suppressing  the  disorders  which  have  for  some 
time  greatly  disturbed  the  northeastern  districts  of  the 
county  of  Albany  and  part  of  the  county  of  Charlotte. 

You  are  called  upon,  gentlemen,  by  every  motive  of  duty, 
prudence,  policy  and  humanity  to  assist  me  in  applying  the 
remedy  proper  for  a  case  so  dangerous  and  alarming. 

The  negligence  of  government  will  ever  produce  a  con- 
tempt of  authority;  and  by  fostering  a  spirit  of  diso- 
bedience, compel,  in  the  sequel,  to  greater  severity.  It 
will  therefore  be  found  to  be  not  only  true  benevolence,  but 
also  real  frugality,  to  resist  those  enormities  at  their  com- 
mencement. And  I  am  persuaded,  from  your  known  re- 
gard to  the  dignity  of  government,  and  your  humanity  to 
the  distressed,  that  you  will  readily  strengthen  the  hands 
of  civil  authority  and  enable  me  to  extend  the  succour  and 
support  which  are  necessary  for  the  relief  and  protection 
of  his  Majesty's  suffering  and  obedient  subjects,  the  vindi- 
cation of  the  honor  and  the  promotion  of  the  peace  and 
felicity  of  the  colony.9 

CADWALLADEE  GOLDEN." 

March  28.  Transmitting  accounts  presented  by  Mr.  Col- 
lins for  services  in  surveying  the  Quebec  line.10 


» On  the  3d  of  April,  the  Assembly  adopted  a  resolution  authorizing  the 
Lieutenant-Governor  to  expend  one  thousand  pounds  "  to  enable  and  assist 
the  inhabitants  of  the  county  of  Cumberland  to  reinstate  and  maintain  the 
due  administration  of  justice,  and  for  the  suppression  of  riots  in  said  county." 

10  An  appropriation  of  eighty-five  pounds  was  made  to  Mr.  Collins  by  the 
salaries  act,  chap.  1699. 


I 

CADWALLADER  GOLDEN,  1775.  765 

April  3.  The  Assembly  adjourned  to  the  3d  of  May,  but 
it  never  met  again.  It  was  continued  by  numerous  ad- 
journments and  prorogations  until  the  17th  of  April,  1776, 
when  it  was  dissolved  because  of  a  failure  to  prorogue  it 
to  another  day.  It  had  already  continued  in  existence  be- 
yond the  seven  years  limited  by  statute. 

THE  ASSEMBLY  DEMANDS  HOME  RULE. 

Governor  Tryon  left  New  York  on  the  7th  of  April,  1774, 
to  confer  with  the  authorities  in  England  relative  to  the 
controversy  over  that  part  of  New  York  which  was  subse- 
quently included  in  the  state  of  Vermont.  He  was  absent 
until  the  25th  of  June,  1775.  In  the  meantime,  much  his- 
tory had  been  made,  and  the  differences  between  the  home 
government  and  the  colonies,  and  resistance  by  the  latter 
to  encroachments  on  their  liberties  and  privileges,  had 
culminated  in  conditions  which  made  war  inevitable,  and 
when  Governor  Tryon  returned  to  New  York  on  the  25th 
of  June,  1775,  the  great  conflict  had  been  precipitated  by 
the  battle  of  Lexington  on  the  19th  of  April,  which  was  fol- 
lowed, on  the  17th  of  June,  by  the  battle  of  Bunker  Hill, 
thus  making  reconciliation  practically  impossible.  Gov- 
ernor Tryon  found  the  colonies  in  a  state  of  war  with  the 
mother  country.  The  Colony  over  which  he  was  Governor 
had  played  a  conspicuous  part  in  the  preliminary  move- 
ments, and  he  was  soon  to  find  his  executive  authority  not 
only  limited  territorially  to  a  small  portion  of  the  colony, 
but  practically  suspended  by  the  declaration  of  martial  law. 
Already  the  legislature  had  ceased  to  meet,  though  con- 
tinuing a  paper  existence  by  executive  proclamation  for 
nearly  a  year. 

In  May,  1774,  not  long  after  Governor  Tryon 's  depar- 
ture, a  committee  of  Fifty-One  was  organized  in  New  York 
to  consider  measures  relative  to  the  pending  situation,  and 
correspond  with  other  Colonies  "  on  all  matters  of  mo- 


766  MESSAGES  FROM  THE  GOVERNOR. 

merit."  This  committee  corresponded  with  several  colo- 
nies, and  recommended  a  general  Congress  to  take  action 
for  the  security  of  the  common  rights  of  the  colonies.  On 
the  28th  of  July,  the  people  of  New  York  elected  delegates 
to  a  general  congress,  which  met  in  Philadelphia  on  the 
5th  of  September,  and  which  took  the  desired  action  for  a 
union  of  the  colonies.  The  Committee  of  Fifty-one,  having 
accomplished  the  purpose  of  its  creation,  was  dissolved  in 
November,  1774. 

The  events  of  this  year  might  well  cause  Lieutenant- 
Governor  Golden  to  express  alarm  as  in  his  opening  speech 
to  the  Legislature  in  January,  1775,  he  reviewed  the  con- 
ditions which  confronted  the  colonies,  and  he  quite  natur- 
ally appealed  to  the  Assembly  to  take  such  measures  as 
might  be  needed  to  preserve  order  and  maintain  the  good 
name  of  the  colony.  The  majority  of  the  members  of  the 
Assembly  were  loyal  to  the  home  government,  and  opposed 
to  active  resistance  to  measures  and  policies  which  the 
British  King  and  Parliament  sought  to  impose  on  the 
colony. 

The  attitude  of  the  Assembly  was  manifest  from  an  ad- 
dress presented  to  the  Lieutenant-Governor  on  the  20th 
of  January,  1775,  in  which  the  Assembly  said : 

"Affected  with  the  deepest  concern  by  the  distressed 
state  of  the  colonies,  and  impressed  with  a  due  sense  of  the 
fatal  consequences  attending  the  unhappy  dispute  between 
Great  Britain  and  his  Majesty's  American  dominions,  we 
feel  the  most  afflicting  anxiety  at  this  alarming  crisis. 
Fully  convinced  that  the  happiness  of  our  constituents  de- 
pends greatly  on  the  wisdom  of  our  present  measures,  we 
shall  exercise  the  important  trust  they  have  reposed  in  us 
with  firmness  and  fidelity ;  and  with  calmness  and  delibera- 
tion pursue  the  most  probable  means  to  obtain  a  redress  of 
our  grievances;  and  it  affords  us  the  highest  satisfaction 
to  hear  from  your  Honor  that  our  most  gracious  sovereign 
will  be  attentive  to  the  complaints  of  his  American  subjects, 
and  ready  with  paternal  tenderness  to  grant  us  relief. 


* 

CADWAL.LADER  GOLDEN,  1775.  767 

Anxious  for  the  interest  and  happiness  of  our  country,  and 
earnestly  solicitous  for  the  re-establishment  of  harmony 
with  Great  Britain,  we  shall  discountenance  every  measure 
which  may  tend  to  increase  our  distress,  and  by  our  con- 
duct show  ourselves  truly  desirous,  of  a  cordial  and  per- 
manent reconciliation  with  our  parent  kingdom." 

The  same  day  the  Lieutenant-Governor  replying  to  this 
address  said: 

"  The  affliction  you  express  at  the  unhappy  contest  be- 
tween Great  Britain  and  his  Majesty's  American  domin- 
ions, your  virtuous  resolution  to  discharge  your  important 
trust  with  firmness  and  deliberation  —  your  solicitude  for  a 
re-establishment  of  that  harmony  with  our  parent  state, 
which  can  alone  diffuse  happiness  and  security  to  the  vari- 
ous branches  of  the  empire, —  and  your  assurance  that  you 
will  discountenance  every  measure  which  may  increase  our 
distress,  while  they  hold  you  up  as  guardians  on  whose 
wisdom  and  integrity  your  constituents  may  rely  with  well 
grounded  confidence,  cannot  fail  of  giving  me  the  most  sin- 
cere satisfaction,  and  of  recommending  you  to  general 
approbation." 

The  Assembly  contained  a  strong  minority  of  men  who 
sympathized  with  the  movement  for  active  resistance  to 
parliamentary  aggression,  and  who  did  not  hesitate  to  put 
the  Assembly  on  record  as  refusing  to  join  in  the  general 
movement  for  a  union  of  the  colonies.  These  men  included 
Nathaniel  Woodhull,  of  Suffolk;  Philip  Livingston, 
Albany;  George  Clinton,  Ulster;  Pierre  Van  Cortlandt, 
Cortlandt;  Charles  De  Witt,  Ulster;  Philip  Livingston, 
Livingston  Manor;  Zebulon  Seaman,  Queens;  Abraham 
Ten  Broeck,  Bensselaerwyck ;  William  Nicoll,  Suffolk; 
Simon  Boerum,  Kings;  and  John  Thomas,  Westchester. 
Some  of  them  filled  a  large  place  in  the  early  history  of 
the  State. 

On  the  26th  of  January,  Abraham  Ten  Broeck  moved 
that  "  this  house  take  into  consideration  the  proceedings 


768  MESSAGES  FEOM  THE  GOVERNOR. 

of  the  Continental  Congress  held  in  the  city  of  Philadel- 
phia in  the  months  of  September  and  October  last."  This 
was  rejected  by  a  vote  of  ten  to  eleven. 

On  the  31st  of  January,  the  Assembly  unanimously 
adopted  a  resolution,  offered  by  Philip  Livingston,  that  a 
day  be  appointed  to  take  the  State  of  the  Colony  into  con- 
sideration, to  enter  on  its  journals  such  resolutions  relating 
thereto  as  might  be  adopted,  "  and  in  consequence  of  such 
resolutions  to  prepare  a  humble,  firm,  dutiful  and  loyal 
petition  to  our  most  gracious  Sovereign." 

On  motion  of  James  De  Lancey  a  similar  petition  was 
to  be  presented  to  the  House  of  Lords  and  the  House  of 
Commons.  A  committee  was  accordingly  appointed  to  pre- 
pare a  statement  of  the  grievances  of  the  Colony. 

On  the  16th  of  February,  the  Assembly,  by  a  vote  of  nine 
to  sixteen,  rejected  a  motion  by  Philip  Schuyler,  to  enter 
on  the  journals  of  the  Assembly  certain  correspondence 
with  other  colonies,  and  also  correspondence  with  Edmund 
Burke,  agent  of  New  York  at  the  Court  of  Great  Britain. 

The  next  day  the  Assembly  rejected  a  motion  by  Mr. 
Woodhull  tendering  its  thanks  to  Philip  Livingston,  Isaac 
Low,  John  Jay,  John  Alsop,  James  Duane,  Simon  Boerum, 
William  Floyd,  and  Henry  Wisner,  ' '  for  their  faithful  and 
judicious  discharge  of  the  trust  reposed  in  them  by  the 
good  people  of  this  Colony  at  the  Continental  Congress 
held  at  Philadelphia  in  the  months  of  September  and 
October  last." 

On  the  21st  of  February,  a  motion  by  Philip  Livingston 
was  rejected,  tendering  the  thanks  of  the  Assembly  to  the 
merchants  "  and  inhabitants  of  this  city  and  colony,  for 
their  repeated,  disinterested,  public  spirited,  and  patriotic 
conduct,  in  declining  the  importation,  or  receiving  of  goods 
from  Great  Britain,  and  for  their  firm  adherence  to  the 
association  entered  into  and  recommended  by  the  Grand 


CADWALLADER  GOLDEN,  1775.  769 

Continental  Congress,  held  at  Philadelphia,  in  the  months 
of  September  and  October  last." 

On  the  23d  of  February,  the  Assembly  rejected  a  motion 
by  Mr.  Thomas  ' '  that  the  sense  of  this  House  be  taken,  on 
the  necessity  of  appointing  delegates  for  this  Colony,  to 
meet  the  delegates  for  the  other  Colonies  on  this  Continent, 
in  General  Congress  on  the  10th  of  May  next." 

"While  the  Assembly  was  unwilling  to  commit  itself  to 
various  proposed  steps  in  the  movement  for  organized  re- 
sistance, there  was  no  denial  of  the  existence  of  actual 
grievances,  and  these  were  set  forth  in  a  series  of  resolu- 
tions adopted  on  the  8th  of  March,  declaring: 

11  That  the  people  of  this  colony  owe  the  same  faith  and 
allegiance  to  his  most  gracious  Majesty  King  George  the 
third  that  are  due  to  him  from  his  subjects  in  Great  Britain. 

That  his  Majesty's  subjects  in  this  colony  owe  obedience 
to  all  acts  of  parliament  calculated  for  the  general  weal 
of  the  whole  empire,  and  the  due  regulation  of  the  trade 
and  commerce  thereof,  and  not  inconsistent  with  the  essen- 
tial rights  and  liberties  of  Englishmen,  to  which  they  are 
equally  entitled  with  their  fellow  subjects  in  Great  Britain. 

That  it  is  essential  to  freedom,  and  the  undoubted  right 
of  Englishmen,  that  no  taxes  be  imposed  on  them  but  with 
their  consent,  given  personally,  or  by  their  representatives 
in  general  assembly. 

That  the  acts  of  parliament  raising  a  revenue  in  America, 
especially  to  provide  for  the  support  of  the  civil  govern- 
ment and  administration  of  justice  in  the  colonies  —  extend- 
ing the  jurisdiction  of  the  courts  of  admiralty  beyond  their 
ancient  limits  —  authorizing  the  judges'  certificate  to  in- 
demnify the  prosecutor  from  damages  he  would  otherwise 
be  liable  to,  giving  them  a  concurrent  jurisdiction  of  causes 
heretofore  cognizable  only  in  the  courts  of  common  law, 
and  by  that  means  depriving  the  American  subject  of  his 
trial  by  a  jury,  are  destructive  to  freedom,  and  subversive 
of  the  rights  and  liberties  of  the  colonists. 

That  a  trial  by  a  jury  of  the  vicinage,  in  all  capital  cases, 
is  the  grand  security  of  freedom,  and  the  birthright  of 
Englishmen;  and  therefore,  that  the  seizing  any  person 
49 


770  MESSAGES  FROM  THE  GOVEBNOB. 

or  persons  residing  in  this  colony  suspected  of  treasons, 
misprisons  of  treason,  or  any  other  offences,  and  sending 
such  person  or  persons  out  of  the  same  to  be  tried,  is  dan- 
gerous to  the  lives  and  liberties  of  his  Majesty's  American 
subjects." 

These  resolutions  were  adopted  by  a  vote  of  14  to  12. 

On  the  13th  of  March,  the  Speaker  laid  before  the  Assem- 
bly a  letter  from  "  William  Bollan,  Benjamin  Franklin 
and  Arthur  Lee,  Esqrs.,  agents  for  some  of  the  North 
American  colonies,  dated  London,  Dec.  24,  1774,  directed 
to  the  Speaker  of  the  General  Assembly  of  this  colony, 
acquainting  him  that  they  had  presented  the  petition  of  the 
Continental  Congress  to  Lord  Dartmouth,  who  had  laid  it 
before  his  Majesty." 

Some  account  has  already  been  given  of  the  petitions 
presented  by  the  Assembly  to  the  King  and  Parliament  in 
1764,  1765  and  1768,  all  of  which  related  to  encroachments 
on  colonial  rights,  wh±ch  the  colonists  feared  were  being 
made  by  recent  acts  of  Parliament,  particularly  the  stamp 
act,  the  admiralty  acts,  various  acts  imposing  duties  on 
colonial  trade,  and  the  policy  of  taxing  the  Colonies  with- 
out their  consent. 

The  last  Colonial  Assembly  near  the  close  of  its  last 
session,  again  sought  by  petition  to  procure  an  adjustment 
.of  differences  between  the  colonies  and  the  home  govern- 
ment, and  avert  a  serious  struggle  which  then  seemed  rap- 
idly approaching.  A  large  minority  of  the  Assembly 
favored  direct  opposition  to  the  plans  of  the  home  govern- 
ment, or  at  least  a  union  with  other  colonies  in  an  effort 
to  resist  the  enforcement  of  the  policies  which  seemed  so 
destructive  of  colonial  interests.  But  the  majority  still  hoped 
for  a  peaceful  settlement  of  the  controversy,  and  appar- 
ently believed  that  such  a  settlement  might  be  accomplished 
by  a  strong  presentation  of  colonial  grievances.  The 
minority  believed  that  the  time  for  an  amicable  settlement 


CADWALLADER  GOLDEN,  1775.  771 

had  passed,  and  that  resistance  had  jbecome  the  only  course 
left.  The  minority,  therefore,  opposed  the  adoption  and 
presentation  of  the  petitions.  The  petitions  to  the  King 
and  Parliament  were  agreed  to  on  the  25th  of  March,  1775. 
The  petition  to  the  King,  after  formal  introduction,  set 
forth  the  following  grievances : 

"  Vouchsafe  then  most  gracious  Sovereign,  to  attend  to 
the  prayer  of  your  faithful  subjects,  and  while  we  are 
pleading  our  own  cause,  and  the  cause  of  liberty  and 
humanity,  deign  to  consider  us  as  advocates  for  our  sister 
colonies  also. 

The  present  unhappy  and  unnatural  disputes  between  the 
parent  state  and  your  Majesty's  American  dominions,  give 
us  the  deepest  and  most  unfeigned  concern.  We  lament  it 
as  one  of  the  greatest  misfortunes  that  the  happy  and 
peaceful  harmony,  which  has  hitherto  subsisted  between  us, 
should  now  by  any  means  be  interrupted ;  and  'tis  the  earn- 
est, and  first  wish  of  our  hearts,  that  it  may  be  speedily 
restored,  and  placed  upon  so  permanent  a  basis,  as  that 
neither  time  or  accidents  may  be  ever  able  to  disturb  it. 

We  acknowledge,  with  the  warmest  gratitude,  the  favor 
and  protection  of  our  mother  country ;  which  flowing  from 
policy,  dictated  by  wisdom  and  humanity,  hath  enabled  us 
to  become  so  important  a  part  of  the  British  empire;  and 
we  beseech  your  Majesty  to  believe  us,  when  we  assure  you, 
that  we  still  retain  the  duty  and  affection  of  children — 
that  we  love  and  reverence  our  venerable  parent,  and  that 
no  calamity  would  be  so  truly  afflicting  to  us  as  a  separation 
from  her.  We  acknowledge  there  are  appearances  which 
may  be  construed  to  our  disadvantage,  and  that  several  of 
the  measures  pursued  by  the  colonies  are  by  no  means 
justifiable ;  yet  while  we  disapprove  and  condemn  them,  we 
entreat  you,  as  the  indulgent  father  of  your  people,  to  view 
them  in  the  most  favorable  light,  and  to  consider  them  as 
the  honest  though  disorderly  struggles  of  liberty,  not  the 
licentious  efforts  of  independence. 

Your  Majesty's  American  subjects  have  hitherto  been  in 
a  state  of  infancy,  and  till  lately  have  submitted  implicitly, 
and  without  repining  to  the  authority  of  the  parent  state; 
they  have  now  reached  the  period  of  maturity,  and  think 


772  MESSAGES  FROM  THE  GOVERNOR. 

themselves  entitled  to  their  birthright,  an  equal  participa- 
tion of  freedom  with  their  fellow  subjects  in  Britain.  It  is 
with  this  view  we  now  address  your  Majesty.  We  mean 
not  to  become  independent  of  the  British  Parliament;  on 
the  contrary,  we  cheerfully  acknowledge  our  subordination 
to  it,  as  the  grand  legislature  of  the  empire ;  we  wish  only 
to  enjoy  the  rights  of  Englishmen,  and  to  have  that  share 
of  liberty,  and  those  privileges  secured  to  us  which  we  are 
entitled  to  upon  the  principles  of  our  free  and  happy 
constitution. 

Your  Majesty's  subjects  in  this  colony  think  it  essential 
to  freedom,  and  the  undoubted  right  of  Englishmen,  that 
no  taxes  should  be  imposed  on  them  without  their  consent 
given  personally,  or  by  their  representatives.  This  right 
we  do  not  at  present  enjoy,  inasmuch  as  the  British  Parlia- 
ment, in  which  we  have  no  representation,  have  claimed 
and  exercised  a  right  of  making  laws  binding  upon  us  in 
all  cases  whatsoever.  This  claim,  and  this  exercise  of  un- 
limited power  by  the  Parliament,  we  esteem  a  grievance  of 
the  most  dangerous  nature,  and  directly  tending  to  the  sub- 
version of  our  constitutional  liberties.  We  are  willing  to 
the  utmost  of  our  abilities  to  contribute  our  proportion  to 
the  supprt  of  government ;  but  we  would  do  it  in  a  constitu- 
tional manner,  by  the  interposition  of  the  Colony  Legis- 
lature. 

We  likewise  beg  leave  to  declare  to  your  Majesty  that 
we  consider  the  acts  of  Parliament  raising  a  revenue  in 
America,  but  more  especially  those  to  provide  for  the  sup- 
port of  civil  government,  and  the  administration  of  justice 
in  the  colonies,  and  extending  the  courts  of  admiralty  be- 
yond their  ancient  limits,  giving  them  a  concurrent  juris- 
diction, in  causes  heretofore  cognizable  only  in  the  courts 
of  common  law,  and  by  that  means  depriving  the  American 
subject  of  a  trial  by  jury,  as  grievous  and  destructive  of 
our  rights  and  privileges. 

That  the  act  of  Parliament  authorizing  the  apprehension 
of  persons  resident  in  the  colonies,  on  suspicion  of  certain 
offences,  and  sending  them  out  of  the  same  to  be  tried,  is 
dangerous  to  the  lives  and  liberties  of  your  Majesty's 
American  subjects,  as  it  deprives  them  of  a  trial  by  a  jury 
of  the  vicinage,  which  in  all  cases  is  the  grand  security  and 
birthright  of  Englishmen. 


CADWALLADER  GOLDEN,  1775.  773 

That  we  humbly  conceive,  the  act  requiring  the  legisla- 
ture of  this  colony  to  provide  for  the  services  therein  men- 
tioned, and  the  other  for  suspending  the  legislative  power 
thereof,  till  such  requisition  should  be  complied  with,  were 
unconstitutional,  and  tended  to  destroy  that  confidence 
which  we  had  always  reposed  in  the  mother  country. 

That  the  imposition  of  duties  upon  articles  of  commerce 
imported  from  Great  Britain  is  oppressive  and  impolitic, 
as  it  gives  the  greatest  encouragement  to  illicit  trade,  and 
appears  as  a  prohibition  on  our  commerce  with  the  mother 
country,  which,  for  the  mutual  advantage  of  both,  we  con- 
ceive ought  to  be  free  and  unrestrained. 

That  the  act  passed  in  the  fourteenth  year  of  your  Maj- 
esty's reign,  imposing  duties  upon  certain  articles  imported 
into  the  province  of  Quebec  (the  limits  whereof,  by  an  act 
of  the  same  year,  are  so  extended  as  to  comprehend  all  the 
Indian  country,  from  Hudson's  Bay  to  the  mouth  of  the 
Ohio  River)  and  restricting  the  importation  of  those  dutied 
articles  to  the  port  of  St.  John's,  on  the  river  Sorel,  is 
injurious  to  this  colony,  as  it  almost  entirely  destroys  our 
important  Indian  trade;  that  port  being  so  very  remote 
from  this  and  the  other  colonies,  that  the  conveyance  of 
goods  thither,  for  the  prosecution  of  that  traffic  must  un- 
avoidably be  attended  with  so  enormous  an  expense,  as 
well  nigh  amounts  to  a  total  prohibition; — the  unmerited 
discrimination  made  by  the  first  above  mentioned  act  in 
favor  of  the  sugar  colonies,  by  subjecting  the  continental 
colonies  to  a  larger  duty  on  particular  articles  is  so  detri- 
mental to  the  interest  of  this  colony,  that  we  cannot  avoid 
complaining  of  it  to  your  Majesty  as  a  grievance. 

"We  likewise  think,  the  act  prohibiting  the  legislature  of 
this  colony  from  passing  any  law  for  the  emission  of  paper 
currency  to  be  a  legal  tender  therein,  is  disadvantageous 
to  the  growth  and  commerce  thereof;  an  abridgment 
of  your  Majesty's  prerogative  (in  the  preservation  of 
which  we  are  deeply  interested)  and  a  violation  of  our  leg- 
islative rights;  and  may  hereafter  disable  your  Majesty's 
subjects,  upon  proper  requisition,  and  upon  certain  emer- 
gencies, from  granting  such  aids  as  may  be  necessary  for 
the  general  safety  of  the  empire. 

The  act  for  the  regulation  of  the  government  of  Quebec 
we  must  beg  leave  to  mention  also  to  your  Majesty,  as  the 


774  MESSAGES  FROM  THE  GOVERNOR. 

extension  of  that  Province  and  the  indulgence  granted  to  it 
by  Roman  Catholics,  have  given  great  uneasiness  to  the 
minds  of  many  of  your  Majesty's  American  subjects. 

The  late  acts  for  shutting  up  the  port  of  Boston,  and 
altering  the  charter  of  the  Massachusetts  Bay,  we  presume 
not  to  mention  to  your  Majesty,  without  first  assuring  you 
that  we,  in  many  instances,  disapprove  of  the  conduct  of 
that  Province,  and  beseeching  your  gracious  interposition 
in  their  favor ;  we  cannot  however  help  observing  that  those 
acts  to  establish  a  dangerous  precedent,  by  inflicting  pun- 
ishment without  the  formality  of  a  trial. 

With  the  highest  satisfaction,  most  gracious  Sovereign, 
we  reflect  on  your  royal  declaration  from  the  throne  at  your 
happy  accession,  that  it  was  essential  to  the  impartial  ad- 
ministration of  justice,  and  one  of  the  best  securities  to 
the  rights  and  liberties  of  your  subjects,  that  your  judges 
should  hold  their  commissions  during  good  behavior;  per- 
mit us  then  to  pray  that  you  will  be  graciously  pleased  to 
remove  the  distinction  between  your  subjects  in  England 
and  those  in  America,  by  commissioning  your  judges  here 
to  hold  their  office  on  the  same  tenure ;  in  which  case  we  beg 
leave  to  assure  your  Majesty,  that  we  stand  ready  to  give 
them  such  adequate  and  permanent  salaries  as  will  render 
them  independent  of  the  people. 

We  have  now,  most  gracious  Sovereign,  stated  our  griev- 
ances to  your  Majesty;  we  have  done  it,  we  trust,  with  all 
the  respect  due  to  the  best  of  Kings,  and  with  that  decent 
freedom  becoming  the  representatives  of  a  faithful,  an- 
cient and  loyal  colony;  and  we  have  not  the  least  doubt, 
but  that  by  your  merciful  mediation  and  interposition,  we 
shall  obtain  the  desired  redress,  and  have  such  a  system  of 
government  confirmed  to  us  by  your  Majesty,  and  your  two 
houses  of  Parliament,  as  will  sufficiently  ascertain  and 
limit  the  authority  claimed  by  the  British  legislature  over 
this  colony,  and  secure  to  us  those  just  and  invaluable 
rights  and  privileges  which  all  your  Majesty's  subjects  are 
entitled  to.  This,  most  gracious  Sovereign,  is  the  sum  of 
our  wishes,  and  the  end  of  our  desires ;  and  we  beg  leave  to 
assure  your  Majesty,  that  we  are  convinced  this  will  be  the 
only  effectual  method  of  quieting  the  minds  of  your  Maj- 
esty's faithful  American  subjects,  and  of  restoring  that 
harmony  and  cordial  union  between  the  mother  country  and 


CADWALLADER  GOLDEN,  1775.  775 

us,  which  is  so  essential  to  the  welfare  and  prosperity  of 
both.  We  beseech  your  Majesty  to  believe,  that  our  earnest 
prayer  to  Heaven  is,  that  your  Majesty  may  continue  long 
and  happy  the  beloved  Monarch  of  a  brave,  a  free,  a  virtu- 
ous and  united  people;  and  that  your  children  after  you 
may  continue  to  fill  the  British  throne  to  the  latest  genera- 
tions." 

In  the  petition  to  the  House  of  Lords  the  Assembly  said 
the  colonies  were  not  in  '  *  contemplation  when  the  forms  of 
the  British  constitution  were  established;  it  followed, 
therefore,  from  its  principles,  when  colonization  took  place, 
that  the  colonists  carried  with  them  all  the  rights  they 
were  entitled  to  in  the  country  from  which  they  emigrated ; 
but  as  from  their  local  circumstances,  they  were  precluded 
from  sharing  in  the  representation  in  that  Legislature  in 
which  they  had  been  represented,  they  of  right  claimed  and 
enjoyed  a  Legislature  of  their  own,  always  acknowledging 
the  King,  or  his  representative,  as  one  branch  thereof; 
this  right  they  have  pointedly,  repeatedly  and  zealously 
asserted,  as  what  only  could  afford  them  that  security 
which  their  fellow  subjects  in  Great  Britain  enjoy,  under  a 
constitution,  at  once  the  envy  and  admiration  of  surround- 
ing nations ;  because  no  money  can  be  raised  upon  the  sub- 
ject in  Great  Britain,  nor  any  law  made  that  is  binding  on 
him,  without  the  concurrence  of  those  who  have  been 
elected  by  the  people  to  represent  them." 

The  petition  reiterated  the  opinion  frequently  expressed 
in  resolutions  and  petitions,  that  the  people  of  the  Colonies 
were  entitled  to  * '  equal  rights  and  privileges  with  their 
fellow  subjects  in  Great  Britain.  That  upon  these  prin- 
ciples it  is  a  grievance  of  a  most  alarming  nature,  that  the 
Parliament  of  Great  Britain  should  claim  a  right  to  enact 
laws  binding  the  colonies  in  all  cases  whatsoever." 

Absolute  and  uncontrollable  power  in  any  man,  or  body 
of  men,  necessarily  implies  absolute  slavery  in  those  who 


776  MESSAGES  PROM  THE  GOVERNOR. 

are  subject  to  it,  even  should  such  a  power  not  be  carried 
into  execution;  yet  let  it  be  remembered,  that  the  liberties 
of  an  Englishman  are  his  rights ;  and  that  freedom  consists 
not  in  a  mere  exemption  from  oppression,  but  in  a  right 
to  such  exemption,  founded  on  law  and  the  principles  of 
the  constitution. 

The  petition,  with  some  variations  in  form,  reviewed  and 
repeated  the  grievances  stated  in  detail  in  the  petition  to 
the  King. 

In  the  petition  to  the  House  of  Commons,  the  Assembly 
expressed ' '  an  ardent  deside  to  promote  a  cordial  reconcilia- 
tion with  the  parent  state,  which  can  be  rendered  permanent 
and  solid  only  by  ascertaining  the  line  of  parliamentary 
authority  and  American  freedom,  on  just,  equitable  and 
constitutional  grounds." 

"An  exemption  from  internal  taxation,  and  the  exclusive 
right  of  providing  for  the  support  of  our  own  civil  gov- 
ernment, and  the  administration  of  justice  in  this  colony, 
we  esteem  our  undoubted  and  unalienable  rights  as  Eng- 
lishmen; but  while  we  claim  these  essential  rights,  it  is 
with  equal  pleasure  and  truth  we  can  declare,  that  we  ever 
have  been  and  ever  will  be  ready  to  bear  our  full  propor- 
tion of  aids  to  the  crown  for  the  public  service,  and  to  make 
provision  for  these  necessary  purposes,  in  as  ample  and 
adequate  a  manner  as  the  circumstances  of  the  colony  will 
admit." 

After  reviewing  several  grievances,  the  petitioners  de- 
clared that  in  claiming  these  essential  rights  they  did  not 
"  entertain  the  most  distant  desire  of  independence  of  the 
parent  kingdom;  we  acknowledge  the  Parliament  of  Great 
Britain  necessarily  entitled  to  a  supreme  direction  and 
government  over  the  whole  empire,  for  a  wise,  powerful 
and  lasting  preservation  of  the  great  bond  of  union  and 
safety  among  all  the  branches;  their  authority  to  regulate 
the  trade  of  the  colonies,  so  as  to  make  it  subservient  to 


CADWALLADEB  GOLDEN,  1775.  777 

the  interest  of  the  mother  country,  and  to  prevent  its  being 
injurious  to  the  other  parts  of  his  Majesty's  dominions, 
has  ever  been  fully  recognized. ' ' 

1 '  We  claim  but  a  restoration  of  those  rights  which  we 
enjoyed  by  general  consent,  before  the  close  of  the  last 
war ;  we  desire  no  more  than  a  continuation  of  that  ancient 
government,  to  which  we  are  entitled  by  the  principles  of 
the  British  constitution,  and  by  which  alone  can  be  secured 
to  us  the  rights  of  Englishmen.  Attached  by  every  tie  of 
interest  and  regard  to  the  British  nation,  and  accustomed 
to  behold  with  reverence  and  respect,  its  excellent  form  of 
government,  we  harbor  not  an  idea  of  diminishing  the 
power  and  grandeur  of  the  mother  country,  or  lessening 
the  lustre  and  dignity  of  Parliament;  our  object  is  the 
happiness  which  we  are  convinced  can  only  arise  from  the 
Union  of  Both  Countries;  to  render  this  union  permanent 
and  solid,  we  esteem  it  the  undoubted  right  of  the  colonies 
to  participate  of  that  constitution,  whose  direct  end  and 
aim  is  the  liberty  of  the  subject;  fully  trusting  that  this 
honorable  house  will  listen  with  attention  to  our  complaints, 
and  redress  our  grievances,  by  adopting  such  measures  as 
shall  be  found  most  conducive  to  the  general  welfare  of 
the  whole  empire,  and  most  likely  to  restore  union  and 
harmony  among  all  the  different  branches." 

On  the  31st  of  March,  three  days  before  adjournment, 
the  Assembly  took  its  final  action  on  this  subject,  at  which 
time  it  was  ordered: 

"  That  Mr.  Speaker  write  to  the  Speakers  of  the  several 
Houses  of  Assembly  on  this  continent,  as  soon  after  the 
rise  of  this  house  as  conveniently  may  be,  and  transmit  to 
them  the  list  of  grievances  stated  by  this  house,  and  the 
resolutions  thereof,  in  consequence;  together  with  the  peti- 
tion to  the  King's  most  excellent  majesty,  the  memorial 
to  the  Lords  Spiritual  and  Temporal,  and  the  representa- 
tion and  remonstrance  to  the  Commons  of  Great  Britain, 


778  MESSAGES  FROM  THE  GOVERNOR. 

in  Parliament  assembled,  requesting  them  to  lay  the  same 
before  their  respective  houses  of  Assembly,  at  their  first 
meeting  after  the  receipt  thereof." 

CLOSE  OF  THE  COLONIAL  PERIOD. 

On  the  3d  of  April,  1775,  the  Assembly  adjourned  to  the 
3d  of  May,  but  as  already  pointed  out,  it  did  not  meet  at 
that  time,  and  never  met  again.  There  was  manifestly  a 
strong  public  sentiment  in  New  York  in  favor  of  open 
opposition  to  the  British  colonial  policy;  this  had  been  par- 
ticularly expressed  by  the  election  of  delegates  to  the  Con- 
tinental Congress,  which  met  in  Philadelphia  in  September, 
1774.  The  Assembly  had  failed  to  respond  to  this  senti- 
ment, and  had  rejected  resolutions  approving  the  action  of 
New  York  merchants  in  resisting  the  execution  of  objec- 
tionable trade  laws,  and  thanking  the  delegates  from  New 
York  to  the  Continental  Congress,  and  had  also  refused  to 
take  into  consideration  the  proceedings  of  that  Congress. 
The  people  considered  themselves  justified  in  assuming 
control  of  affairs,  and  accordingly  elected  representatives, 
who  assembled  on  the  22d  of  May,  1775,  in  what  was  known 
as  the  First  Provincial  Congress.  This  Congress  continued 
in  session  until  the  4th  of  November,  1775,  and  was  for 
many  purposes  the  successor  of  the  last  colonial  Assembly. 

The  Second  Provincial  Congress  met  December  6,  1775, 
and  adjourned  May  13,  1776.  The  Third  Provincial  Con- 
gress met  on  the  22d  of  May,  1776,  and  continued  in  session 
until  June  30,  1776.  It  was  succeeded  by  the  Fourth  Pro- 
vincial Congress,  which  met  at  White  Plains  on  the  9th  of 
July,  1776.  This  Congress  on  the  same  day  ratified  the 
Declaration  of  Independence,  which  had  been  adopted  on 
the  4th  of  the  same  month.  The  next  day,  the  10th,  the 
name  of  the  Congress  was  changed  to  that  of  "  The  Con- 
vention of  the  Representatives  of  the  State  of  New  York." 
This  was  the  First  Constitutional  Convention.  It  subse- 


JAMES  ROBERTSON,  1779.  779 

quently  framed  a  constitution,  which  was  adopted  April  20, 
1777,  and  was  afterwards  put  into  operation  by  the  estab- 
lishment of  a  State  government. 

Governor  Tryon  continued  in  office  until  March  23,  1780, 
and  was  succeeded  by  James  Robertson,  who  was  appointed 
Governor  on  the  4th  of  May,  1779;  but  he  did  not  leave 
England  for  New  York  until  several  months  afterwards. 

Governor  Robertson's  executive  functions,  at  least  those 
which  he  had  power  to  exercise,  were  quite  meager.  His 
actual  territorial  jurisdiction  was  limited  to  the  southern 
part  of  the  State,  which  the  British  army  continued  to 
occupy  until  the  close  of  the  war.  The  Governor's  civil 
authority  was  practically  suspended  by  the  operation  of 
martial  law.  The  new  Governor  sought  to  restore  civil 
government,  and  in  March,  1782,  and  again  in  the  following 
May,  submitted  to  the  Council  the  question  whether  such 
government  should  then  be  re-established.  On  both  occa- 
sions the  Council,  Chief  Justice  Smith  dissenting,  decided 
the  question  in  the  negative.  The  Council  could  see  little 
advantage  to  the  Colony  in  trying  to  re-establish  civil 
government  at  that  juncture.  The  surrender  of  Corn- 
wallis  at  Yorktown  had  occurred  in  the  previous  October, 
and  the  war  was  practically  over.  Independence  of  the 
Colonies  was  assured,  and  it  was  hardly  worth  while  for 
the  remnant  of  colonial  government  in  New  York  to  seek 
to  re-establish  an  administration  whose  jurisdiction  must 
necessarily  be  limited  to  a  small  part  of  the  original  colony. 

The  State  government,  represented  at  first  by  the  Con- 
stitutional Convention,  and  afterwards  by  fully  organized 
legislative,  executive  and  judicial  departments,  had  been  in 
existence  nearly  six  years,  and  it  could  hardly  be  hoped 
that  any  civil  government  which  Governor  Robertson  and 
the  Council  might  attempt  to  establish  would  be  accepted 
or  could  exercise  any  authority  in  that  part  of  the  State 


780  MESSAGES  FKOM  THE  GOVERNOR. 

which  had  so  long  enjoyed  complete  independence  under  a 
written  constitution. 

A  Provisional  Treaty  of  peace  was  signed  November  30, 
1782.  Governor  Robertson  took  his  final  departure  from 
New  York  on  the  15th  of  April,  1783.  The  Definitive 
Treaty  of  peace  was  signed  on  the  3d  of  September,  1783. 
This  was  the  official  termination  of  the  colonial  period, 
although  as  to  the  larger  part  of  the  State  royal  authority, 
at  least  under  civil  forms,  ceased  to  exist  on  the  9th  of 
July,  1776,  when  the  First  Convention  ratified  the  Declara- 
tion of  Independence. 

The  British  evacuated  the  city  of  New  York  on  the  25th 
of  November,  1783,  and  on  the  same  day  General  Washing- 
ton entered  the  city  with  a  detachment  of  the  American 
army.  He  was  accompanied  by  Governor  George  Clinton, 
who  thereupon  assumed  executive  authority  in  that  part  of 
the  State  which  had  previously  been  under  British  control. 
On  the  9th  of  December,  1783,  Governor  Clinton  issued  a. 
proclamation  convening  the  Legislature  in  the  city  of  New 
York  on  the  6th  of  January,  1784.  A  quorum  did  not 
appear  until  the  21st,  at  which  time  Governor  Clinton  de- 
livered the  usual  opening  speech,  and  the  jurisdiction  of 
the  new  government  became  complete  throughout  the  State, 


A     000  939  446     i 


